Miami, Florida Weapons Violations Attorney

Lawyer for Criminal Charges Involving Firearms or Other Weapons in Miami, FL

There are multiple types of situations where people in Florida may face criminal charges related to firearms or other weapons. These charges can lead to serious consequences that may include prison sentences, permanent criminal records, and the loss of the right to possess firearms in the future. The possession of weapons may be prohibited in certain locations, or charges may involve the ownership of specific weapons or possession of firearms by people with criminal histories or restraining orders.

In some cases, people facing weapons charges may be law-abiding gun owners who inadvertently violated technical regulations or who were exercising their constitutional rights. At Stroleny Law: Criminal Defense Attorney, we can help address weapons charges while working to protect clients' rights. Our lawyer understands the laws in Florida that may affect firearms or other weapons, as well as federal weapons regulations that may affect certain cases. He will work to resolve these cases while avoiding long-term consequences and ensuring that clients will be able to use and possess weapons in the future.

Carrying Weapons in Prohibited Locations

Florida Statutes § 790.06 establishes the state's concealed weapons licensing system, and it also specifies numerous locations where firearms are prohibited, even for those who have valid concealed carry permits. These locations include schools, college campuses, courthouses, polling places, government meetings, passenger terminals of airports, professional athletic events, bars, and any place where carrying is prohibited by federal law.

Carrying firearms on school property is addressed in Florida Statutes § 790.115. Because of the threats of school shootings, firearms and other weapons are strictly prohibited on school grounds, on school buses, at school bus stops, or at school-sponsored events. Possession of a firearm or weapon at a school may result in third-degree felony charges, which may be punishable by up to five years in prison. Discharging a firearm at a school is a second-degree felony with penalties that may include up to 15 years in prison.

Illegal Sale or Transfer of Firearms

Under Florida Statutes § 790.17, people are prohibited from selling or transferring firearms to minors who are under the age of 18. This is a third-degree felony. The sale or transfer of firearms to minors by dealers is addressed in Florida Statutes § 790.18, and those who violate this law may be charged with a second-degree felony. In some cases, unlicensed dealing in firearms or selling or transferring firearms to minors or prohibited people may result in federal charges.

Possession of Prohibited Weapons

Various statutes prohibit people from possessing certain types of weapons. Under Florida Statutes § 790.221, machine guns and short-barreled rifles and shotguns are prohibited. Possession of these weapons can result in second-degree felonies. "Bump stocks" that are used to convert semiautomatic firearms into automatic weapons are prohibited under Florida Statutes § 790.222. Possessing or selling bump stocks is a third-degree felony. Armor-piercing ammunition is prohibited under Florida Statutes § 790.31, and the possession or sale of this type of ammunition could lead to third-degree felony charges.

Improper Exhibition and Discharge of Firearms

Brandishing or exhibiting a firearm or other dangerous weapon in a manner that is considered to be careless, angry, rude, or threatening is addressed in Florida Statutes § 790.10. This offense may apply if a person's actions were not necessary to defend themselves against a threat, and it could lead to first-degree misdemeanor charges. A conviction could result in a jail sentence lasting for up to one year.

Firing a gun in a public place or recklessly discharging a firearm on private, residential property may result in criminal charges. Under Florida Statutes § 790.15, this offense can result in first-degree misdemeanor charges. Firing a gun from a vehicle within 1,000 feet of a person is a second-degree felony. Shooting into a building or vehicle that is occupied in a reckless or malicious manner may result in second-degree felony charges under Florida Statutes § 790.19.

Florida law also prohibits the use of firearms while intoxicated by alcohol or drugs. A person who discharges a firearm or carries a loaded gun while intoxicated may face second-degree misdemeanor charges under Florida Statutes § 790.151. A person who is convicted of this offense may be sentenced to up to 60 days in jail.

Possession of Firearms by Prohibited Persons

Florida Statutes § 790.23 prohibits felons from possessing firearms. Anyone who has been convicted of a felony may face additional charges if they are found to have firearms or ammunition in their possession or control. This offense is typically charged as a second-degree felony, although people convicted of gang-related offenses may face first-degree felony charges with a maximum sentence of life in prison. When a person is prohibited from possessing firearms by an order of protection due to accusations of domestic violence or stalking, they could face first-degree misdemeanor charges under Florida Statutes § 790.233.

Weapons Enhancements for Other Crimes

Under Florida Statutes § 790.17, a person who carries a concealed weapon while committing a felony offense or displays, uses, or threatens to use a weapon may be charged with a third-degree felony. If the weapon is a firearm, the person may be charged with a second-degree felony. If a person has previously been convicted of this offense, a subsequent offense will result in first-degree felony charges.

Florida law also provides enhancements to felony charges in cases where people were armed with firearms or other weapons. Under Florida Statutes § 775.087, a felony offense will be increased by one degree in these situations. For example, the presence of a weapon can increase a second-degree felony to a first-degree felony.

This statute also imposes minimum sentences for certain felony offenses in which a person possessed a firearm. These offenses include murder, sexual battery, robbery, burglary, arson, kidnapping, human trafficking, aggravated child abuse, aggravated stalking, and drug trafficking. This statute is known as the "10-20-Life" law, because carrying a weapon can lead to a minimum sentence of 10 years, discharging a weapon can lead to a minimum sentence of 20 years, and causing severe injuries or death when firing a weapon can lead to a sentence of 25 years to life in prison.

Contact Our Miami Weapons Charges Defense Lawyer

At Stroleny Law: Criminal Defense Attorney, we understand the role that firearms or other weapons can play in criminal cases, and our lawyer can help you take steps to defend against these charges. He will fight to protect your rights while working to resolve your case successfully and minimize the ways your life may be affected. Contact our Miami, FL weapons violations defense attorney at 305-615-1285 to arrange a free consultation.