The United States Constitution grants every adult the right to bear arms but this does not mean that an individual can use a gun in any way they see fit. In some cases, it is illegal to bring a firearm into a restricted location. In others, parties face allegations of using a gun to aid them in the commission of another crime. As a result, there are many different criminal charges involving the illegal use of a gun. In some situations, these are misdemeanors where a conviction can result in no more than the payment of a fine. In others, felony charges apply where convictions can result in multiple-year prison sentences.
A Dr. Phillips gun lawyer may be able to help you if you are facing accusations involving the illegal possession or use of a firearm. A diligent criminal defense attorney could protect your rights as a gun owner and create reasonable doubt concerning the prosecution’s case.
The gun laws that control the possession of firearms in Dr. Phillips are among the most lenient in the nation. However, it is illegal to possess a concealed firearm in public without proper authorization. According to Florida Statute § 790.01, it is a felony of the third degree to conceal carry without obtaining a license from the State.
In addition to this rule, certain people can never legally possess a firearm. These include people under investigation for domestic violence crimes, people with felony convictions on their records, or those with a court-recognized drug or alcohol dependency.
Finally, certain types of firearms are always illegal to possess under state law, like sawed-off shotguns and tools used to suppress the sound or flash of guns. A Dr. Phillips gun attorney could provide further information about charges related to the illegal possession of firearms. They could make the case that a person legally held the item in question or that the supposedly illegal firearm does not fit within the state’s legal definitions.
Even if a person has the right to bear arms according to state law, they may still commit a crime if they use the gun in an improper manner. A simple example is Fla. Stat. § 790.15. This law makes it a misdemeanor offense to discharge a gun in a public place or on a public road in a reckless or negligent manner.
More serious are allegations involving the use of a weapon to help commit another crime. Under Fla. Stat. § 790.07, simply having a firearm in one’s possession during the commission of a felony will be a new, separate felony charge. Similarly, the use of a firearm can make another charge more serious. A common example is an assault. While an assault is usually a misdemeanor-level offense, threatening another person with harm while holding a gun automatically makes the charge a felony. A gun lawyer in Dr. Phillips could develop defenses against serious allegations that a person has improperly used a firearm.
State law strictly regulates the proper possession and use of firearms in Florida. Any allegedly improper possession or use of a gun could have serious consequences. This could include the creation of a criminal record, the payment of fines, loss of firearm ownership privileges, and time in jail.
If you are charged with any sort of firearm offense, reach out to a Dr. Phillips gun lawyer today. The team at The Umansky Law Firm Criminal Defense & Injury Attorneys could provide more information about your rights to own firearms, evaluate the prosecution’s case, identify realistic goals, and fight for you in court.
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