Weapons Charges
The Second Amendment to the United States Constitution provides citizens with the right to bear arms. However, this right is limited to protect the safety and welfare of those citizens. Below is a list of the most common weapons charges and violations:
Carrying Concealed Weapon or Firearm
Florida Statute 790.01
The weapon must be on or about the person and must be concealed from the ordinary sight of another person.
If convicted of carrying a concealed weapon, for example, a knife, you can face:
- Up to one year in jail
- Up to one year of probation
- Up to $1,000 in fines
If convicted of carrying a concealed firearm, you can face:
- Up to five years in prison
- Up to five years of probation
- Up to $5,000 in fines.
Possession of Firearm or Ammunition by a Convicted Felon
A person previously convicted of any felony can receive up to 15 years in prison for possession of a single bullet.
If a convicted felon is caught with a firearm or ammo, punishments could be:
- Up to 15 years in prison.
- Up to 15 years of probation.
- Up to $10,000 in fines.
Possession of a Weapon/Firearm During Commission of a Felony
Does not require the weapon to be used or even displayed. Mere possession is sufficient for a conviction.
Possession of a weapon during the commission of a felony is punishable by:
- Up to 5 years in prison.
- Up to 5 years of probation.
- Up to $5,000 in fines.
Possession of a firearm during the commission of a felony is punishable by:
- Up to 15 years in prison.
- Up to 15 years of probation.
- Up to $10,000 in fines.
Improper Exhibition of a Weapon or Firearm
The weapon must be displayed to another in a rude, careless, angry, or threatening manner.
Penalties include:
- Up to one year in jail.
- Up to 12 months of probation.
- Up to $1,000 in fines.
Discharging a Firearm in Public or on Residential property
- The firearm can either be discharged in public, over a roadway, over occupied premises, or from a residential property.
- Penalties depend on the location of the offense and whether you were occupying a vehicle at the time of discharge.
Shooting or Throwing Deadly Missiles
The title of this crime can be misleading. This offense involves a wanton or malicious shooting or throwing of a stone or other hard object likely to cause death or great bodily harm into a building, motor vehicle, train, or vessel.
Altering or Removing the Serial Number from a Firearm
The serial number must be removed with the intent to disguise the true identity of the firearm.
Weapons charges are not a desired entry on anyone’s criminal record. Attorney Brandon Gans can help to avoid a conviction on these charges. He can even assist in regaining possession of a weapon seized by law enforcement.
