In Florida, there are several different types of weapons charges, some of which include:
- Unlawful possession of a firearm
- Illegal sale of a firearm
- Carrying a concealed firearm
- Unlawful discharge of a firearm
- Manufacturing of firearms
- Using a firearm while under the influence of alcohol or drugs
- Brandishing a firearm
- Juvenile in possession of weapon
Florida has enacted a 10/20/Life law in order to crack down on violent gun crime rates. Some of the implications are: if the offender has a gun during commission of a crime, the mandatory minimum sentence is 10 years; if the weapon is fired during a crime the minimum sentence is 20 years, and if someone is injured or killed by the weapon during a crime, the mandatory minimum is 25 years to life in prison.
Unlawful possession of firearm
One type of weapons charge is unlawful possession of a firearm. Florida law makes it illegal for certain categories of people to possess a firearm. For example, a person who has been convicted of a felony, who is the subject of a restraining order for harassment or stalking, is a fugitive, or has been convicted of a domestic violence misdemeanor, is not permitted to own a firearm. In Florida, it is also illegal for anyone under 16 to own a gun unless it is not loaded and at home under parental supervision.
The sentence for unlawful possession of a firearm depends on the circumstances and the penalty ranges from fines to imprisonment. For example, a felon who is convicted of unlawfully possessing a firearm must serve a minimum of 3 years in prison.
Illegal Sale of a Firearm
Under Florida law, licensed gun dealers must follow certain requirements in order to sell any gun or weapon. These requirements include a waiting period before delivery of the gun and completion of a criminal background check on the buyer. If the dealer fails to comply with these procedures, the dealer can be charged with a felony and lose his or her license.
Unlawful Discharge of a Firearm
Unlawful discharge of a weapon includes the crime of discharging a weapon in a public place (a first-degree misdemeanor), or discharging a weapon from a vehicle within 1000 feet of a person (a second-degree felony).
Call the firm of Anidjar & Levine, P.A. today if you need legal assistance with a weapons-related charge. It is in your best interest to seek the advice of a criminal defense attorney who is knowledgeable and familiar with Florida criminal law. The attorneys at Anidjar & Levine are experienced in handling weapons-related cases and will aggressively defend your rights in court.
If you are facing any type of weapons charge, call Anidjar & Levine, P.A. at (800) 747-FREE, or fill out and submit our online "Contact Us" form to schedule a free consultation with an experienced South Florida criminal defense attorney.