The U.S. Supreme Court has held that the Second Amendment to the U.S. Constitution guarantees Americans a right to bear arms. The federal and state governments, however, can place reasonable restrictions on this right to protect citizens from harm.
As our experienced criminal defense attorneys could explain, a violation of Florida’s weapons laws may result in a first-degree misdemeanor or a third-degree felony. To learn more about how our team could protect your second amendment rights, speak with a Mount Dora weapon charges lawyer today.
Gun Permit Violations
The Florida Department of Agriculture and Consumer Services issues concealed weapon permits to applicants who meet the statutory requirements. The permit allows you to carry a concealed handgun, electronic weapon, tear-gas gun, knife or billy club — but not a machine gun.
You generally are not allowed to carry weapons in the open except when hunting, fishing, camping or target shooting. Concealed weapons are prohibited in certain places, including bars, police stations, courthouses, polling places, universities and airport terminals. If accused of carrying a firearm in these locations, a Mount Dora attorney could fight against weapons charges and assess what happened.
Using a Firearm in Commision of a Crime
Carrying a weapon during a crime increases the penalties. Florida’s “10-20-life” law requires courts to impose a mandatory minimum sentence of:
- Ten years in prison if the defendant committed certain felonies — including murder, sexual battery, robbery, burglary, arson, aggravated assault, carjacking or kidnapping — while carrying a firearm or destructive device
- 15 years in prison if the firearm used in the felony was a semiautomatic with a high-capacity magazine or a machine gun
- 20 years in prison if the accused fired the gun
- 25 years to life in prison if the accused fired the gun and seriously injured or killed another person
Defending Against a Weapons Charge
Florida’s Stand Your Ground Law allows the use of deadly force to defend yourself and does not require you to retreat from a dangerous situation. You may also have a self-defense argument if you shot an intruder during a home invasion.
Preservation of exculpatory evidence is crucial to protect your rights. Our Mount Dora lawyers conduct a thorough investigation to gather evidence that supports your weapons charge defense.
Protect your Constitutional Rights with a Mount Dora Weapons Charges Attorney
To protect your rights in a gun-related criminal prosecution, reach out to our office as soon as you can. Your initial consultation is free, and our Mount Dora weapons charges lawyers can accommodate your schedule with after-hours appointments. Se habla Español.