Firearm & Weapons Charges
Firearm & Weapons Charges Defense Attorney
Firearm and weapons offenses are prosecuted aggressively in Florida, and convictions may carry severe penalties, including mandatory minimum prison sentences in certain cases. Whether you are accused of unlawfully possessing a firearm, possessing a firearm as a convicted felon, improperly exhibiting a weapon, or committing another offense involving a firearm, understanding your legal rights is essential.
Attorney Ron Baum has represented clients facing firearm and weapons charges throughout Broward County for more than 30 years. Every case is carefully evaluated based on the evidence, the applicable law, and the unique circumstances surrounding the arrest.
Understanding Florida Firearm & Weapons Charges
Florida law recognizes numerous firearm and weapons offenses ranging from misdemeanors to serious felonies. The penalties depend upon the specific charge, whether a firearm was allegedly used during another criminal offense, the defendant’s criminal history, and other factors established under Florida law.
In 2023, Florida adopted a permitless carry law, allowing many eligible adults to carry a concealed firearm without obtaining a Concealed Weapons License (CWL). However, permitless carry does not eliminate Florida’s firearm laws or make every form of carrying or possessing a firearm legal.
Individuals may still face criminal charges depending on the circumstances, including where the firearm was carried, whether they were legally prohibited from possessing a firearm, or whether another offense is alleged.
Criminal Defense Practice Areas
Common Firearm & Weapons Charges in Florida
Firearm and weapons charges may include allegations involving:
- Unlawful Possession of a Firearm
- Possession of a Firearm by a Convicted Felon
- Improper Exhibition of a Firearm or Deadly Weapon
- Aggravated Assault with a Deadly Weapon
- Aggravated Battery with a Deadly Weapon
- Armed Burglary
- Armed Robbery
- Armed Drug Trafficking
- Armed Drug Possession
- Juvenile Weapons Offenses
- Other firearm and weapons-related offenses under Florida law
The specific charge—and the surrounding facts—often determine the potential penalties and available legal defenses.
Firearm Charges May Carry Enhanced Penalties
In some situations, the alleged possession or use of a firearm during the commission of another criminal offense may result in enhanced penalties under Florida law.
Depending on the charge, a conviction may carry:
- Mandatory minimum prison sentences
- Significant fines
- Probation
- Loss of firearm rights
- Lengthy terms of incarceration
Because firearm offenses frequently involve enhanced sentencing provisions, understanding the specific allegations is critical.
Florida Firearm Laws
Many firearm and weapons offenses are governed by Chapter 790 of the Florida Statutes, which addresses the lawful possession, carrying, transfer, and use of firearms and other weapons.
Florida Statutes – Chapter 790 (Weapons and Firearms)
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
Every Firearm Case Is Different
Not every arrest involving a firearm results in the same charges or penalties.
The outcome of a case often depends upon several factors, including whether the individual was legally eligible to possess a firearm, where the firearm was carried or possessed, whether another offense is alleged, and the evidence gathered during the investigation.
Because firearm laws can be complex, carefully reviewing the facts of each case is an important part of evaluating the available legal options.
Does Florida's permitless carry law mean anyone can carry a concealed firearm?
No. Florida’s permitless carry law allows many eligible adults to carry a concealed firearm without obtaining a Concealed Weapons License (CWL). However, certain individuals remain prohibited from possessing firearms, and firearms are still prohibited in certain locations under Florida law. Permitless carry does not eliminate Florida’s firearm restrictions.
Can a convicted felon legally possess a firearm in Florida?
In most situations, no. Florida law generally prohibits convicted felons from possessing firearms or ammunition unless their firearm rights have been restored through the appropriate legal process. Violations may result in serious felony charges.
What firearm offenses are charged as felonies in Florida?
Many firearm offenses may be charged as felonies, including possession of a firearm by a convicted felon, armed robbery, armed burglary, aggravated assault with a deadly weapon, aggravated battery with a deadly weapon, and certain offenses involving the use of a firearm during the commission of another crime. The specific charge depends on the facts of each case.
Do firearm charges carry mandatory minimum prison sentences?
Some firearm offenses may carry mandatory minimum prison sentences under Florida law, particularly when a firearm is allegedly used during the commission of certain crimes. The potential penalties depend upon the specific charge and the circumstances of the case.
What should I do after being arrested on a firearm charge?
It is important to understand the charges against you and avoid making statements that could affect your case. Because firearm offenses often involve complex legal issues and potentially severe penalties, obtaining legal guidance as early as possible can help you better understand your rights and legal options.
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Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.