A variety of criminal statutes penalized the possession or use of a firearm. A firearm charges felony offenses in Florida. They can also be charged as 924(c) offenses in federal court.
If a firearm is used in the commission of a crime, then a person accused can be sentenced under Florida’s 10-20-Life statute.
If you are under investigation or have been arrested for unlawful possession, use, or discharge of a firearm in South Florida, consult the qualified and dedicated criminal defense attorneys at the Kirlew Law Firm to discuss your options. We have the experience, expertise, and resources necessary to defend you against firearm offenses. Call us today at 305-521-0484 to take that first step toward your freedom.
Gun Laws in Florida
People are not allowed to carry firearms openly in public places in Florida. However, it is possible to conceal carry a gun with a license in the state. This means you can have your gun on you, hidden from public view, as long as you have the appropriate permit. If you do not possess a valid concealed firearms permit, you can be charged with a third-degree felony, which is punishable by up to five years in prison.
It is worth noting that if an officer sees you with your gun on you and it is not concealed, they can detain you for further investigation even if you possess a valid concealed firearms permit.
You also cannot be in possession of a gun if you have been previously convicted of a felony or if you have a risk protection order.
Penalties for Firearm Offenses in Florida
Permitless carry: Carry a concealed firearm without a permit, and you risk facing a felony charge that could get you up to five years in prison, plus thousands of dollars in fines and court fees. In Florida, weapons charges vary based on the circumstances of your arrest. Your punishment may be harsher if you had a gun or discharged one when committing another crime. If you are in possession of a firearm while committing a felony, you will be subject to the 10-20-Life statute.
- Carrying a gun after a felony conviction: Having a gun in one’s possession when convicted of a felony is a second-degree felony and carries a three-year minimum mandatory prison sentence of up to fifteen years in prison.
- Selling or delivering guns illegally: In Florida, most guns are sold by private sellers. State law does not require that private sellers run a background check on buyers. Notwithstanding this, selling a gun to an individual if you know they are prohibited from owning a firearm is illegal. The seller must verify that the buyer is of legal age to purchase firearms. There are also laws prohibiting you from selling guns without serial numbers or illegal accessories like silencers and bump stocks. These offenses are considered felonies and are punishable by imprisonment and heavy fines.
- Purchasing a firearm for another person: When a person buys a firearm with the intent to deliver or sell that firearm to another person, that is a federal offense of Purchasing a Firearm by a False Statement. This charge results from the ATF form 4473 in which a person must attest that they are purchasing the firearm for themselves and another.
10-20-Life Laws
If a person displays a firearm in the commission of a crime, that person can be charged under Florida’s harsh 10-20-Life law. Any crime in which a firearm is brandished or displayed in the commission of a felony, for instance, an armed robbery, carries a minimum mandatory sentence of 10 years in prison. If a person discharges or shoots a firearm during the commission of a crime, they will face a minimum mandatory sentence of 20 years in prison. If a person is struck or injured as a result of a firearm discharged, the accused will face a minimum mandatory sentence of up to 25 years in prison.
Act Quickly to Defend Your Rights — Contact the Kirlew Law Firm NOW!
If you are being charged with unlawful possession or use of firearms, it is vital to get legal help. A firearm charge in Florida can carry serious consequences. An experienced criminal defense attorney can guide you through the process and ensure that you know your rights and how they might be affected by the law.
If you have questions about gun laws in Florida or have been charged with a firearm offense, contact the Kirlew Law Firm today and speak with Brian Kirlew, Esq. Our legal team will fight for your rights and help keep you out of jail. Call (305) 521-0484 or contact us online for your free case evaluation.
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
- Alien Smuggling
- Appeals/Post Conviction Motions
- Assault and Battery
- Burglary
- Child Pornography
- Domestic Violence
- Drug Crimes (Possession, Sale, Trafficking)
- Conspiracy
- Bond/Release
- Arson
- DUI/BUI Defense
- Embezzlement
- Extradition
- Federal Grand Jury Investigations
- Firearm Offenses
- Forfeitures
- Fraud
- Internet Crimes
- Juvenile Charges
- Kidnapping or False Imprisonment
- Mail/Wire/Fraud
- Medicare Fraud
- Medical Marijuana
- Murder and other Homicide offenses (Murder, DUI Manslaughter, Vehicular Manslaughter, Manslaughter)
- Nebbia requirements
- Probation Violations
- Federal/State RICO
- Robbery
- Sealing and Expungement
- Sexual Offenses
- Subpoenas (responding to or issuance of)
- Tax Evasion
- Theft
- Warrants
- Violations of Injunctions/Protective Orders
- White Collar
Don’t Wait Another Minute. Get Your Free Phone Consultation Now.
When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.