Who can carry a weapon and under what circumstances?

Unlawful possession of a firearm can be a misdemeanor or felony. Felons in possession of a firearm face a mandatory minimum 3-year prison sentence and up to 15 years in prison. Allowing a minor under 16 to possess a loaded firearm is a 2nd degree misdemeanor punishable by up to 60 days in jail.

A felony weapons charge involves the illegal possession, transportation or distribution of firearms. Many felony weapons cases deal with defendants with prior records who are not legally allowed to possess any type of firearm.

Unlawful Possession of a Firearm
Carrying a firearm without a license under Florida law is a first-degree misdemeanor. A first conviction for this crime is punishable by up to one year in jail and a $1,000 fine.

Carrying a Concealed Firearm Without a Permit
If you conceal your gun on your person and don’t have a license to do so, you could face a third-degree felony charge punishable by up to five years in prison and a $5,000 fine.

Unlawful Discharge of a Firearm
It’s a third-degree felony to fire a gun in a public place or negligently discharge a firearm outside a residentially zoned dwelling. This crime is punishable by up to five years in prison and a $5,000 fine.

Shooting a Firearm in Public
In Florida, it’s illegal to fire a gun in a public place or to negligently discharge a firearm outside a residentially zoned dwelling unless you are defending life or property. This crime is a third-degree felony. Even if you discharge the gun recreationally, like for target shooting, in an area you know is residential, you can face a first-degree misdemeanor charge. If you discharge a weapon in a vehicle within 1,000 feet of another person, it is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

Discharging a machine gun in a public place, public street, or public park with intent to do bodily harm is a first-degree felony punishable by anywhere from 25 years to life and a $10,000 to $15,000 fine.

Possession of a Stolen Firearm
According to our Fort Lauderdale criminal defense attorney, possession of a stolen firearm in Florida can involve multiple charges, including possessing the stolen property and illegally possessing a firearm. You could face multiple felony weapons charges in Florida, including anywhere from third-degree to first-degree felonies, depending on the circumstances of your arrest.

Using a Firearm While Committing a Crime
Under Florida law, if you use a firearm while committing another crime that is a felony, the weapons charge alone is a second-degree felony punishable by up to five years in prison and a $5,000 fine. Even carrying a concealed weapon while committing a crime is a third-degree felony charge. For example, for assault with a deadly weapon, you could face a second-degree felony charge for the weapons violation and charges for the assault.

Using a Firearm Under the Influence of Alcohol or Drugs
Using a firearm while impaired on alcohol or drugs is a second-degree misdemeanor. A conviction for this charge is punishable by up to 60 days in jail and a $500 fine.

Brandishing a Firearm
Carrying a weapon, including a firearm in “a rude, careless, angry, or threatening manner, not in necessary self-defense,” can lead to a first-degree misdemeanor in Florida. A conviction for this charge is punishable by up to one year in jail and a $1,000 fine.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.