The right to bear arms is enshrined in the United States Constitution but many places like Windermere are in states that have limitations on this right. Local gun laws can limit who may possess firearms or other types of weapons. Even if you legally possess a gun, there are restrictions on how you may use it or where you may bring it.
The alleged use of a firearm during the commission of a crime is a serious matter and the mere presence of a weapon at a crime scene can make a relatively minor offense into something more significant. In addition, Florida retains a law that applies an additional prison sentence to any conviction of some felonies where a firearm was present. It is important to talk with a Windermere gun lawyer today. A reliable criminal defense attorney could explain the state’s gun laws and develop a defense against any type of charge.
Some of the more straightforward gun cases involve the supposedly illegal possession of these items. While the law does presume that a person owns a firearm legally, law enforcement is always on the lookout for illegal weapons.
One way that a weapon may be illegal is if the holder does not have the legal right to possess it. One example is Florida Statute § 790.01, where it is illegal for any person to carry a concealed weapon without a license from the State.
While most people will not fit into the category described above, they may still face allegations of the illegal possession of a firearm based upon the type of weapon involved. State law makes certain types of guns illegal everywhere in the state, including sawed-off shotguns or silencers. A Windermere gun attorney is prepared to protect the rights of gun owners when they face allegations related to the unlawful possession of firearms.
Even more concerning than illegal possession are allegations that a person has used a gun in an illegal way. In some cases, this can involve a person having a firearm in their possession while committing another crime. In others, the use of a gun is the main allegation of wrongdoing.
The presence of a gun during an event makes the resulting criminal charges much more serious. One example is an assault case. Simple assault is a mere misdemeanor under state law. However, if a person has a firearm in their possession while threatening another, the case will always be a felony.
The use of a firearm during the commission of many felonies is also a separate criminal offense under state law. According to Fla. Stat. § 790.07, having a firearm in one’s possession while committing any other felony brings an additional felony accusation of the third degree in addition to any penalty for the core charge. A Windermere gun lawyer is ready to present a defense against any allegation related to the illegal use of firearms.
Local gun laws aim to severely punish people who illegally possess or use firearms. People who cannot legally possess a gun because of a prior felony conviction or mental health concerns face lengthy prison sentences upon conviction. So too do people facing charges related to possessing illegal firearms or using a gun in the commission of a crime.
A Windermere gun lawyer is ready to defend your rights during criminal cases involving firearms, potentially showing that your possession of a gun was legal under state law. They also strive to create reasonable doubt concerning the alleged illegal use of a gun either on its own or in connection to other allegedly illegal activity. Give us a call now to see how our team is ready to help you.
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