How the Supreme Court Ruling on Gun Control Affects Florida Laws
The Supreme Court and the Second Amendment
Handguns have been banned in the city of Chicago and its suburb of Oak Park, III, for nearly 30 years. Everything changed on Monday when the Supreme Court ruled that the Second Amendment right will now apply to state and local gun control laws.
Many Chicago residents are sighing with relief at the overturned gun ban. Richard Roeper, a Chicago Sun-Times Columnist reported:
In Chicago, any gang-banging thug who wants a gun can get a gun. A lot of people can get a gun more easily than they can get a credit card.”
The 5-4 decision led by new Chief Justice Roberts split the court along ideological lines. The justices also made note however, that some limitations could possibly survive some legal conflicts.
The lower courts are left to define exactly what kinds of gun control laws will be reconciled with Second Amendment protection. Justice Alito reiterated the points from the District of Columbia vs. Heller case, in that there is no doubt on the laws that prohibit possession of guns by felons, people who suffer from mental illnesses, in schools or government buildings, or by commercial sale.
Illegal Use of Firearms
However, illegal weapons possession is still an issue in certain circumstances. These include:
- Carrying a concealed weapon
- Improper exhibition of a weapon
- Aggravated assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Possession of a weapon by a convicted felon
- Firing or shooting an object into an occupied building
Weapons cases may be resolved without a criminal record if your criminal defense lawyer has you immediately perform community service, complete a weapons class, and apologize to the victim (if there was one). It is essential that the state’s charging attorney understand who you really are, while your lawyer provides evidence that shows you are much more than what the law enforcement agent makes you out to be.
Be proactive and contact an experienced criminal defense lawyer to help you build your defense.