What Gun Violations Can You Be Charged With in Florida?
In Florida, most gun violations fall under two categories: weapon offenses and weapon enhancements. Weapon offenses occur when a person unlawfully uses, possesses, or purchases a gun. Weapon enhancements involve the use of a gun during the commission of a crime.
If you are a gun owner in Florida facing gun violation charges, it is imperative to consult with a skilled criminal defense lawyer. Outlined below are some of the most common gun violations in Florida and their associated penalties.
Carrying a Concealed Gun Without a License
To carry a concealed gun in Florida, you must have legally purchased your firearm, secured a license, and completed a background check. The only exceptions to this are if you are carrying a gun in your home or while camping or hiking.
If you have not completed these three actions and are stopped by a police officer while you have a concealed weapon, you could face third-degree felony charges. While the consequences of a third-degree felony can vary depending on the situation, they are usually punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Possessing a Gun with a Felony Conviction
Both nonviolent and violent felony convictions result in the removal of a person’s gun rights. If you have not had these rights restored and are caught in possession of a firearm, you may face second-degree felony charges. A second-degree felony conviction is punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Providing Access of a Loaded Firearm to Minors
Florida gun owners are required to store their guns properly. If minors can access your gun, you may be charged with a crime. Even if you have verbally prohibited minors from using your firearm, if they access your firearm and use it, you may face a second-degree misdemeanor charge. Second-degree misdemeanor charges are punishable by up to 60 days in jail and a $500 fine.
Possessing or Discharging a Firearm at a School
If you take a gun to a school, you can face third-degree felony charges, which are punishable by up to five years in prison, five years of probation, and a $5,000 fine. However, a charge of possession of a firearm on school property is often accompanied by other charges that can result in additional penalties. For example, if anyone is injured at the school as a result of your gun, you may face more serious consequences.
Florida’s 10-20-Life Law
Florida’s 10-20-Life law outlines various penalties associated with weapon enhancement violations. Under this law, the following rules and associated consequences apply:
- If a gun is carried during the commission of a violent offense, the defendant may be issued a 10-year minimum jail sentence.
- If a gun is discharged during a violent offense, the defendant may be issued a 20-year minimum jail sentence.
- If a gun is discharged during a violent offense and someone is injured, the defendant may be issued a 25-year minimum to life jail sentence.
In addition, other penalties or longer sentences may be imposed if fatalities resulted from the defendant’s gun discharging during a violent offense.
Consult With a Skilled Criminal Defense Lawyer in Central Florida
A gun violation conviction can derail a person’s life. If you are facing gun violation charges, it is important to seek legal counsel from a skilled criminal defense lawyer. At the Umansky Law Firm, we believe everyone has the right to a strong defense. We work tirelessly to ensure our client’s side of the story is told to the court.
Our team has more than 100 years of combined experience in criminal law. We work closely with our clients and communicate with them through every stage of the legal process. To schedule a free consultation, call our office or complete an online contact form for a free consultation.