The laws that dictates the proper ownership and use of guns in Winter Park and around Florida are among the most lenient in the nation. Nevertheless, the law recognizes that these are dangerous items and it holds owners to a high standard of caution. At the same time, there are some people who can never legally own a firearm and there are situations when it is never legal to possess them.
If you have been arrested due to the alleged improper ownership of a firearm, or for another offense that allegedly involved a gun, a Winter Park gun lawyer may be able to help. One of our seasoned defense attorneys could explain the state’s gun laws, evaluate your actions that led to an arrest, and develop a defense that protects both your freedom and ability to continue to bear arms.
The law presumes that a person in possession of a firearm has the legal right to have it. Even so, all people owning firearms must be sure to handle them in a responsible manner. Despite a person’s legal right to own them, they may face serious criminal charges if law enforcement believes that they have used a gun in an illegal way.
In some cases, merely having a firearm in one’s possession is a felony. Florida Statute § 790.07 is a clear example. Having a firearm in one’s possession while committing another felony is a separate criminal charge. It does not matter if a defendant was using the firearm to help in the commission of that crime or if a supposed victim even knew that a firearm was present. These cases are felonies of the second degree.
The use of a firearm can also be an aggravating factor in other criminal charges. For example, Fla. Stat. § 812.13 says that having a firearm in one’s possession during the commission of a robbery is a felony of the first degree. This stands in contrast to the core robbery statute that falls under the category of a felony of the second degree. A Winter Park gun attorney could help provide a defense against any form of felony charge that involves the apparent use or possession of a firearm.
While many criminal cases allege the improper use of a firearm, others center around a defendant’s supposed illegal possession of these items. A common example is Fla. Stat. § 790.01. This law says that it is a felony of the third degree for a person to carry a concealed firearm without obtaining the proper license.
Other people can never legally possess a firearm of any sort. These include children under the age of 18 in many situations, convicted felons, and people in a situation where a court has ordered the seizure of their weapons. A gun lawyer could help defend individuals in Winter Garden facing allegations related to the improper possession of firearms.
The right to bear arms is among the most visible rights in the United States Constitution. Even so, you have the responsibility to properly use and possess these weapons. Failures to do so could lead to arrests under the state’s illegal possession laws or allegations that you have used a weapon to help commit a felony.
A Winter Park gun lawyer is ready to stand up for you. They will explain the state’s gun laws, listen to your side of the story, and determine a defense strategy that is more likely to bring positive results. Contact our team now to schedule your consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys