While Florida broadly does not place extensive restrictions on the rights of state residents to purchase and possess firearms, there are still some rules prohibiting certain individuals from doing either. In addition, there are laws prohibiting permit-less concealed carry and preventing just about everyone from open carrying a gun. Violating any of these rules could have serious criminal consequences for you, potentially even including the permanent loss of your civil privilege to bear arms.
Dealing with gun-related criminal allegations could be much easier with assistance from a Clermont gun lawyer. An experienced defense attorney who knows how to handle situations like yours due to successful cases in the past could be the ally you need to secure the best possible resolution to your case. That could entail getting your charges thrown out completely or minimizing the sanctions that it might result in.
Like most states, Florida takes a “shall issue” approach to issuing concealed carry permits to handgun owners. As long as an applicant is at least 21 years, a citizen or lawful permanent resident in the state, and meets all the criteria outlined in Florida Statutes § 790.06, the Department of Agriculture and Consumer Services must provide them a license and cannot arbitrarily decide not to. However, any person who carries a concealed weapon without lawful authority to do so has committed a third-degree misdemeanor under Fla. Stat. § 790.01, and if that weapon is a gun, the offense becomes a third-degree felony.
Furthermore, Fla. Stat. § 790.053 broadly prohibits state residents from openly carrying any dangerous or deadly weapon except for self-defense chemical spray or a non-lethal defensive stun gun. Violations of this statute are considered second-degree misdemeanors, although there are some exceptions made for specific situations. For example, it is permissible while inside a private residence, at work, hunting or fishing, practice shooting, or traveling to or from any listed activities. Anyone with questions about where and when it is legal to possess firearms in public could get detailed answers from a qualified Clermont gun attorney.
In addition to the abovementioned laws, the Florida Statutes also specifically address situations where someone improperly displays or brandishes a dangerous weapon in at least one other person’s presence. Under most circumstances, this offense is a first-degree misdemeanor under Fla. Stat. § 790.10, but anyone who exhibits this type of behavior on school grounds or at any school event may be charged under Fla. Stat. § 790.115 with a third-degree felony.
Finally, some of the most serious charges that a gun defense lawyer in Clermont could help with are those in which the presence of a firearm enhances the severity of another criminal offense. For example, under Fla. Stat. § 775.087, possessing a firearm while committing a violent crime – like assault – will result in a mandatory 10-year minimum prison term upon conviction, while discharging that firearm would impose a 15-year minimum term and causing any injury to another person would add a 25-year minimum term.
Navigating gun laws in Clermont can be a difficult thing, especially if you allegedly possessed or used a firearm while committing some other criminal offense. Working with capable legal counsel may be your best means of protecting your rights and effectively pursuing a favorable outcome during a case like this.
Retaining a Clermont gun lawyer should be a top priority for anyone facing criminal charges of any kind involving firearms. Call the Umansky Law Firm today for a consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys