- Weapon and Firearm Charges
Weapon and Firearm Charges
In Florida, individuals often carry weapons and firearms for safety. However, even though this is a right afforded to them by the constitution, an individual has to first obtain a license that permits him or her to possess that weapon or firearm. In addition, once you own a firearm, there are restrictions on how and where you can use it. If you have been arrested for illegal possession of a firearm or improper exhibition of a weapon or firearm, it is vital that you contact a knowledgeable weapon or firearms attorney who can advise you or the appropriate legal steps.
Palm Beach County Weapons and Firearm Charges Lawyer
Andrew D. Stine serves individuals who are facing gun or weapon charges in Palm Springs, North Palm Beach, Lake Worth, Tequesta, West Palm Beach, and the surrounding areas. As a qualified defense attorney, Stine has served over 5,000 clients throughout Florida. This experience has given him the legal prowess necessary to handle many different types of cases.
Contact Andrew D. Stine, P.A. at 561-832-1170 and set up a free consultation on your gun or weapon charge. The sooner you consult with Stine, the sooner he can begin preparing pretrial motions that could potentially have your charges reduced or dismissed.
Palm Beach County Weapon and Firearm Crimes Information Center
- Carrying Concealed Weapons in Florida
- Open Carry of a Weapon in Florida
- Possession of a Firearm by a Felon or Delinquent in Florida
- Florida Weapon Crime Resources
In Florida, it is not against the law to carry electric weapons, chemical sprays, and stun guns for the purpose of self-defense as long as they are non-lethal.
According to Fla. Stat. § 790.01, it is illegal for an individual to have any concealed weapon on his or her body who does not have a Concealed Weapons Permit. This is considered a first degree misdemeanor, which is punishable by up to a year of imprisonment, and/or up to a $1,000 fine.
Under this statute, it is also illegal for anyone to carry a concealed firearm if he or she is not licensed to do so. This is considered a third degree felony, and is punishable by up to a 5 year prison sentence and/or up to a $5,000 fine. If the individual has been previously convicted of a violent crime two or more times, their prison sentence can be enhanced to ten years.
According to Fla. Sta. § 790.053, it is unlawful for an individual to openly carry an electric weapon or firearm on his or her body. This is considered a second degree misdemeanor and carries a potential sentence of up to 60 in jail and/or a fine up of to $500. However, if an individual is licensed to carry a firearm, it is not illegal for him or her to briefly make it visible to another person, as long as it is not displayed in a threatening way.
In Florida, unless an individual has had his or her rights to possess a firearm restored, it is against the law for an individual to possess electric weapons, firearms, ammunition, or any other weapon if that individual was previously:
- Convicted of a felony
- Adjudicated of an offense that would have been a felony if it committed by an adult (individual is currently under 24)
- Found guilty of committing a felony against the United States
- Convicted of a delinquent offense in another state or country that would be considered a felony in Florida (individual is currently under 24)
- Convicted of a crime that is punishable by a prison term of a year or more in another state, territory, or country that is a felony.
According to Fla. Stat. § 790.23, this is considered a second degree felony. If convicted of this offense, an individual faces up to 15 years in prison, and/or up to a $10,000 fine. Under Florida Statute § 874.04, if the individual’s crimes are gang-related, his or her sentence can be upgraded to a minimum of ten years and a maximum of life in prison.
Florida Department of Agriculture Licensing Division– Individuals who are seeking a firearm or weapons license need to apply through the Florida Department of Agriculture and Consumer Services. In order to be eligible for a license, you need to meet certain criteria.
Bureau of Alcohol, Tobacco, Firearms, and Explosives – The ATF is an agency that is responsible for tracking down individuals who partake in criminal activities involving firearms, explosives, and other objects.
National Rifle Association (NRA) – The NRA is a non-profit organization that hopes to reform the current gun laws. This organization also seeks to educate and train gun owners throughout the United States.
Andrew D. Stine, P.A. | West Palm Beach Weapons and Firearm Charges Lawyer
If you are facing a gun or weapon charge in Greenacres, West Palm Beach, Wellington, Delray Beach, Greenacres, Jupiter, Boca Raton, or the surrounding areas, contact Andrew D. Stine, P.A.. Attorney Stine is an experienced defense attorney who will analyze the facts of your case and find any errors made by law enforcement that could potentially lead to dismissal of your charges.
Contact Andrew D. Stine, P.A. at 561-832-1170 to set up a consultation on your gun charges. Your initial consultation is free and is an essential part of planning your defense.