Weapon Charges

The laws are especially harsh towards people charged with gun violations. Most people don’t realize that Florida law covers not only many types of weapons and firearms, but also the manner and places in which they can lawfully be possessed, carried, exhibited, and used. The same is true under federal law.

What is considered a weapon or firearm?

In Florida, a firearm is any weapon (including a starter gun) which can, is designed to, or may be converted to expel a projectile by the action of an explosive. A firearm is also the frame or receiver of any such weapon and any firearm muffler or silencer. An antique firearm, which is any firearm manufactured in or before 1918, is not included, unless it is used in the commission of a crime.

A “weapon” may include, but not be limited to, any dirk (e.g. knife), metallic knuckles, slingshot, billie, tear gas gun, chemical weapon (except “self-defense spray”), bomb, grenade, mine, rocket, missile, or pipe-bomb. Call Jordan Redavid, Esq., a top gun charge lawyer in Ft. Lauderdale, for more information. (305) 938-9939.

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Carrying a Weapon or Firearm: Concealed v. Open Carry

In Florida, carrying a concealed weapon is a first-degree misdemeanor, punishable by up to 364 days in jail. Carrying a concealed firearm is a third-degree felony, punishable by up to five years in prison. However, the Department of Agriculture and Consumer Services is authorized to issue carrying concealed weapons or firearms licenses. These are commonly referred to as Florida’s concealed carry laws.

Carrying a weapon or firearm openly on or about your person is also a crime. This is commonly referred to as Florida’s open carry law. However, carrying a concealed weapon or firearm and only briefly openly displaying the weapon or firearm to the ordinary sight of another person may not be a criminal offense, so long as it was not intentionally displayed in an angry or threatening manner.

With such serious potential consequences for violating the law, having the assistance of an experienced lawyer can make all the difference in the world. There are many ways to defend these charges, often requiring fact-intensive inquiries and nuanced legal arguments. Call now for a FREE consultation: (305) 938-9939.

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    Sale, purchase and delivery of firearms

    Generally speaking, in Florida, a licensed manufacturer, importer, or dealer of firearms may not sell or deliver firearms to another person unless that person is also duly licensed.

    There are also restrictions governing who is eligible to purchase a firearm, including, but not limited to, mandatory waiting periods, record keeping, and notice requirements. The federal government also regulates the sale, purchase, and delivery of firearms. The distinctions in the law are not always clear, and the law is always subject to change. Contact a local gun charge Lawyer at Redavid Law PLLC to discuss your weapons charge now. (305) 938-9939.

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    Use or Attempted Use of Weapon During Another Criminal Offense

    The use, threat of use, attempted use, or display of a weapon during the commission of a felony, or while under indictment, is a third-degree felony, punishable by up to five years in prison.

    If the weapon is a firearm, or concealed firearm, and is used during the commission of a felony, the charge is second-degree felony. Any second or subsequent conviction under this law will be charged as a first-degree felony.

    These laws can serve as additional leverage for the government to add additional criminal charges to an existing prosecution and are not to be taken lightly. If you or someone you care about is charged with a weapon or firearm-related offense, call Redavid Law, PLLC now and speak with Jordan Redavid. (305) 938-9939.

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    Improper Exhibition or Discharging of a Weapon or Firearm

    Exhibiting a dirk (e.g. knife), sword, firearm, or other weapon in a “rude, careless, angry, or threatening manner,” not necessary in self-defense, in the presence of one or more persons is a first-degree misdemeanor. In Florida, improper exhibition is punishable by a maximum of 364 days in jail. Fla. Stat. § 790.10. So is discharging a firearm in public or over a public road, street, or highway.

    Improper exhibition can also stem from from actions while operating a car. If you are in a vehicle displaying a weapon within 1,000 feet of another person, that’s a second-degree felony. If the driver or owner of that vehicle is directing the individual with the weapon to pull the trigger, that’s a third-degree felony.

    There are a variety of ways to defend against these charges, and Jordan Redavid is very knowledgeable on the law.

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    Possession of a Firearm by Convicted Felons and Others

    It is a second-degree felony for a previously convicted felon, or person under 24 years old who has been adjudicated delinquent of an act that would have been a felony if committed by an adult, to have in his or her “care, custody, or control” a firearm or ammunition.

    If a person is subject to a final injunction dealing with domestic violence or stalking, the same acts can be a first-degree felony. If someone is a “violent career criminal” under Florida law, or an “armed career criminal” under federal law, he or she, upon conviction or plea, can be sentenced to a mandatory minimum sentence of fifteen years imprisonment.

    Don’t let your past ruin your future. Contact Redavid Law, PLLC to discuss your case now! (305) 938-9939.

    For help right away, or a free initial consultation, email any time of the day or night, or call 305-938-9939. I answer calls and email 24/7.