While the Second Amendment guarantees everyone in America the right to bear arms, there are still various limitations on that right for Florida residents established and enforced under both federal and state law. Any violation of those laws governing firearm possession, purchase, sale, or use can have serious criminal consequences even for first-time offenders. This could potentially include steep fines, years in prison, and a permanent record as a convicted felon.
Just like with any other type of criminal allegation, you have a right to seek help from a seasoned defense attorney and contest the charges against you after being accused of a criminal act involving firearms. With a capable Belle Isle gun lawyer by your side, you will likely have a much better chance at effectively protecting your rights and securing a favorable final case result than you would ever have on your own.
Unlike many other states, Florida does not require residents to obtain any kind of permit or license prior to purchasing handguns or long guns, nor does it require background checks prior to the completion of private firearm sales. However, it is still illegal for any licensed manufacturer, dealer, or importer to knowingly sell any type of firearm to a person under 18 years old.
Additionally, anyone who wishes to concealed carry a handgun must be at least 21 years old and obtain a concealed carry permit first. Open carry of any type of firearm is generally prohibited outside of private residences or workplaces, or while traveling to and performing activities like hunting or target shooting. A Belle Isle gun attorney could explain the specifics of the Sunshine State’s gun laws—as well as how they might affect a particular criminal case—in more detail during a private initial consultation.
Generally, gun-related criminal charges in Florida can be categorized as either “weapon offenses” or “weapon enhancements.” Weapon offenses involve someone unlawfully possessing, buying, or using a firearm, and the latter involving a firearm being used or possessed during the commission of another criminal act. Common weapon offenses that gun lawyers in Belle Isle know how to handle efficiently include:
The severity of these offenses varies from second-degree misdemeanors punishably by 60 days of jail time, at most, to high-level felonies punishable by as much as 15 years in state prison. Weapon enhancement charges, on the other hand, are virtually always applied to felony-level offenses and may result in additional mandatory minimum prison terms of 10 to 25 years in length, depending on the circumstances.
A lawyer could work with a defendant on developing the proper defense for these charges, such as arguing that a weapons enhancement charge should be dropped because the presence of a gun played no part in any other charges. Alternatively, a lawyer could argue that a person who was charged with illegally possessing a gun actually had the right to do so.
Defending yourself against allegations of illegal gun ownership or use can be uniquely complicated for numerous reasons. If you want the best chance possible of securing a good outcome, it is necessary to have representation from a skilled law firm.
A Belle Isle gun lawyer could protect your rights and best interests from beginning to end of the legal process. Call today to schedule a meeting.
The Umansky Law Firm Criminal Defense & Injury Attorneys
