While federal and state laws give American citizens the right to own guns, there are limitations to those rights. Unfortunately, an arrest involving firearms can lead to severe penalties, including mandatory prison sentences and losing your Second Amendment right.
Many gun offenses have severe consequences, including a conviction on your permanent criminal record. Depending on the offense, a guilty conviction may be a misdemeanor or a felony—each of which can cause problems when you submit a background check.
Fortunately, a diligent criminal defense attorney could fight to protect your rights. Call an Inverness gun lawyer to schedule an appointment today.
Committing a Felony in Possession of a Gun
An arrest for a first-time offense of possessing a gun while committing a crime is a second-degree felony punishable by up to $10,000 in fines and 15 years of imprisonment. A second conviction is a first-degree felony and could result in a 30-year prison sentence.
Firearm Offenses Carrying Mandatory Minimum Sentencing
When the state alleges an individual committed or attempted to commit certain violent crimes while possessing a firearm, a conviction will mean serving mandatory minimum prison sentences. Under the guidance of Florida Statutes § 775.087, violent offenses have mandatory minimum sentencing requirements of 10, 20, or 25 years to life, including the following:
- Sexual battery
- Aggravated assault or battery
- Robbery and burglary
- Aggravated child abuse
- Aggravated stalking
- Drug trafficking
- Home invasion, robbery, and carjacking
The legislation outlining mandatory sentences is known as the 10-, 20-, or 25-to-life laws. These laws require criminal court judges to sentence those convicted in accordance with specific guidelines. An Inverness attorney could review sentencing possibilities after reviewing a case involving a firearm offense.
Mandatory Sentencing for Possession of a Weapon by a Felon
Mandatory minimum sentencing requirements also exist for convicted felons who possess a gun. These convictions could result in a 15-year prison sentence and $10,000 in fines, with a minimum sentencing requirement of three years.
The Right to Bear Firearms Under Florida’s Constitution
Many invoke the second amendment rights without knowing that the law is not black and white, and many variables can impact these rights. For example, the federal and state Constitution grants lawful citizens the right to bear firearms; however, although Florida Constitution Article 1, Section 8 prohibits the state from infringing on law-abiding citizens’ right to own guns, the state retains the right to regulate firearm ownership.
Supreme Court judges determined that the right to bear arms is a right through regulations rather than an absolute right. Therefore, Florida lawmakers have enacted legislation ensuring the Supreme Court holds the sole authority to regulate weapons and firearms for public safety, morals, and health. A diligent lawyer in Inverness could answer questions about regulations and constitutional rights regarding gun ownership and use.
Schedule to Meet With a Skilled Gun Attorney in Inverness
Facing conviction for gun charges can be frightening, but planning a solid defense is the best way to protect your freedom and constitutional rights. While all firearms offenses can lead to lasting repercussions, possessing a gun while in the commission of a crime significantly elevates the severity of the penalties you could face.
A knowledgeable and hard-working Inverness gun lawyer could fight for your rights and future and help you reach the best potential outcome. Call today to schedule a consultation if you need help preparing a defense strategy against a firearms offense.