Winter Garden Gun Lawyer

The laws for when a person can legally carry a firearm in Winter Garden can be complicated. While the Second Amendment of the United States Constitution does guarantee the right to bear arms, state laws have enacted specific regulations for when this is permitted. If a person violates those regulations, they face criminal prosecution that can result in significant jail time and fines.

A Winter Garden gun lawyer represents individuals who are facing charges involving the illegal possession of a firearm or other crimes involving the use of a gun. They fight to ensure the protection of their client’s legal rights and to preserve their freedoms. If you have been accused of one of these crimes, contact The Umansky Law Firm today to learn more about working with a trusted defense attorney.

State Laws Concerning the Possession of Firearms

The state’s main guideline for dealing with the proper possession of a concealed firearm is Florida Statute § 790.06. A critical aspect of this law is that it creates a presumption that the Department of Agriculture and Consumer Services shall always issue a license to carry a concealed weapon. However, there are restrictions to this, including:

  • Any evidence of the chronic use of alcoholic beverages or other behavior-altering substances
  • One or more felony convictions
  • A conviction for possession of a controlled substance in the past three years

In addition, the right to carry a concealed weapon is not absolute. The same statute prohibits the bringing of firearms into:

  • Courthouses
  • Jails
  • Career centers
  • Elementary or secondary schools

Violations of these laws are misdemeanors in the second degree. This means that a court may impose a penalty of up to 60 days in jail, a fine of $500, and six months of probation. A seasoned Winter Garden gun attorney could help defend people facing accusations of illegally possessing firearms.

Guns as an Aggravating Factor in Other Crimes

Many crimes in the state’s criminal code become more severe if the offense involves the use of a firearm. One prominent example of this is assault. Fla. Stat. § 784.021 states that an aggravated assault occurs when a person threatens the well-being of another through the use of a deadly weapon. A gun certainly fits this definition. Convictions here are felonies of the third degree as opposed to simple assaults that are mere misdemeanors.

In addition, all crime scenes where a gun is present are treated more severely under state law. According to Fla. Stat. § 790.07, any person who uses a firearm during the commission of another felony will face an additional criminal charge of a felony of the second degree. Because of this, any allegation of felony activity involving a firearm is always a serious matter. A hard-working Winter Garden attorney could provide a potent defense against any claims of criminal activity that allegedly involve a gun.

Enlist the Help of a Winter Garden Gun Attorney to Protect Your Rights

Whether you have been charged with illegally possessing a gun or other crimes involving firearm use, a qualified Winter Garden gun lawyer is here to help you protect your rights. They could work with you to better understand the nature of the charges that you are facing and develop a well-reasoned and thoughtful defense.

Do not take any unnecessary risks with your future; contact The Umansky Law Firm today to schedule an initial consultation.

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    Winter Garden Gun Lawyer