Are weapons crime laws constitutional?

Although the courts have acknowledged that the Second Amendment protects people’s right to bear arms, they have also ruled that the country has a historical tradition of imposing some regulations on gun ownership and use to ensure that weapons do not fall into the hands of dangerous individuals or get used for unlawful purposes. As a result, most weapons criminal statutes do not violate constitutional protections for the right to bear arms.

Will I go to jail for a weapons conviction?

Many weapons crimes under Florida law carry significant penalties, including the possibility of jail or prison time. Courts consider multiple factors in determining whether to sentence a defendant convicted for a weapons offense to jail or prison, such as the nature of the offense, the severity of the defendant’s conduct, the defendant’s acceptance of responsibility, the defendant’s criminal history, the defendant’s rehabilitative needs, and the need to protect the public from future criminal behavior by the defendant.

West Palm Beach Weapons Crimes Lawyer | Weapons Offense Attorney West Palm Beach, FL

Brandon Dinetz Criminal Defense Attorney

Weapons Offense Attorney in West Palm Beach, FL, Defending Against Weapons-Related Charges in Palm Beach County, Broward County, Martin County, and Throughout South Florida

Have you been charged with a weapons crime in South Florida? Due to the risk of harm that weapons pose, law enforcement and prosecutors treat weapons crimes seriously. You need experienced legal representation that can help you seek a favorable resolution to your charges. Contact BD Law for an initial case evaluation with a knowledgeable West Palm Beach weapons crimes lawyer to discuss your options for defending your rights, reputation, and future.

Common Types of Weapons Crimes Under Florida Law

At BD Law, a weapons offense attorney in West Palm Beach, FL, can help you defend your reputation and rights when facing weapons charges such as:

Carrying concealed firearms or weapons: A person violates the law when they carry a concealed weapon or firearm without holding a valid license or satisfying the criteria to obtain a weapons license.
Improper display of weapons: An individual may commit a crime when they carry and exhibit a weapon in a “rude, careless, angry, or threatening manner” and not in self-defense.
Possession of firearms on school property: Florida law prohibits the possession and discharge of a firearm or weapon on school property or at a school-sponsored event.
Discharging a firearm in public or on residential property
Using a firearm while under the influence of alcohol or drugs
Manufacturing/possession/use of a destructive device or bomb
Possession of illegal firearms: Florida law prohibits the possession of certain illegal firearms, such as short-barreled rifles, sawed-off/short-barrel shotguns, or machine guns.
Possession of a firearm by a felon, violent career criminal, or person subject to a restraining order

Under Section 790.06 of Florida Statutes, the Department of Agriculture and Consumer Services issues licenses, valid for seven years, under which persons can legally carry concealed weapons that include a handgun, knife, electric weapon or device, or tear gas gun. Certain weapons, including machine guns (as defined in Section 790.001 of state law), are not eligible for concealed carry under Florida law.

To acquire a license, you must meet several requirements, including:

Being 21 or older
Demonstrating competence with a firearm through completion of a safety or training course
Not having been convicted of a felony that renders you ineligible to possess a firearm (under Section 790.23 of state law)
Not having been found guilty of certain crimes pertaining to controlled substances
Not having been committed to a mental institution or adjudicated an incapacitated person

Since July 1, 2023, legislative changes have allowed persons in Florida to carry a concealed weapon without a license if they meet the criteria that would be necessary for obtaining a license.

You can still be charged with concealed carry weapons crimes if you are accused of carrying a concealed weapon when you fail to meet these criteria. Addressing charges pertaining to the constitutional permitless carry of concealed weapons in Florida may require the knowledge and effective strategies of an experienced West Palm Beach weapons crimes lawyer.

Penalties for a Weapons Conviction

A defendant convicted of a weapons offense in Florida may face various penalties that depend on the specific offense and its grading. In Florida, weapons crimes may constitute second- or first-degree misdemeanors or a third-, second-, or first-degree felony. Maximum sentences for weapons convictions include:

Second-degree misdemeanor: Up to 60 days in jail and a fine of up to $500
First-degree misdemeanor: Up to one year in jail and a fine of up to $1,000
Third-degree felony: Up to five years in prison and a fine of up to $5,000
Second-degree felony: Up to 15 years in prison and a fine of up to $10,000
First-degree felony: Up to 30 years in prison and a fine of up to $10,000

A felony conviction can also have long-lasting consequences beyond a criminal sentence, including the loss of the right to possess firearms. A criminal record can also cause challenges with pursuing housing, employment, or educational opportunities due to a weapons conviction appearing on background checks.

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Defenses to Weapons Charges

A defendant facing a weapons or firearms offense in Florida may fight the prosecution’s case by pursuing various defense or case strategies, such as:

Lack of possession: A defendant may deny having actual or construction possession of the subject weapon.
Lawful possession: Defendants may present evidence showing lawful possession of a weapon, either through a license to carry or proving they met the legal qualification to possess
Lack of intent/knowledge: In cases involving possession of a weapon by a prohibited person, a defendant may argue that they did not know of or believe they had a status that prohibited them from possessing a weapon.
Mistaken identity/alibi: Defendants may deny their identity as the offender by providing alibi evidence or challenging eyewitnesses’ identification
Unlawful search and seizure: A defendant may seek to exclude prosecution evidence by arguing that police obtained it in an unlawful search, such as a traffic stop unsupported by reasonable suspicion or a search lacking probable cause.

Contact BD Law Today to Discuss Your Rights and Options After Being Charged with Weapons Crimes in South Florida

After being arrested for a weapons-related offense, you need experienced legal advice and advocacy that can help you protect your rights and interests as you face your charges. Contact BD Law and West Palm Beach weapons crimes lawyer Brandon Dinetz today for a confidential consultation to discuss the details of your charges and your options for pursuing a resolution to your case.

West Palm Beach Weapons Crimes Lawyer