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WEAPONS CHARGES

The Second Amendment to the United States Constitution provides for an individual’s right to possess a firearm:

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“A well-regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.”

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Any arrest for a Firearm, Gun, or Weapons charge in Florida is a serious criminal offense. Many offenses committed while in actual possession of a firearm carry minimum mandatory prison sentences.

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Weapon Criminal Charges under Florida Law:

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  • Carrying Concealed Weapons 790.01, Florida Statute

  • Possession Without a License 790.06, Florida Statute

  • Persons Engaged in Criminal Offense Having Weapon 790.07(1) and (2), Florida Statute

  • Persons Engaged in Criminal Offense Having Weapon (Previous Conviction) 790.07(4), Florida Statute

  • Improper Exhibition of a Weapon 790.10, Florida Statute

  • Discharging a Firearm in Public 790.15, Florida Statute

  • Throwing, Making, Placing, Projecting, or Discharging Destructive Device 790.161(1)-(4), Florida Statute

  • Threat to Throw, Place, Project, or Discharge Any Destructive Device 790.162, Florida Statute

  • False Reports of Bombing 790.163, Florida Statute

  • False Reports of Bombing State-Owned Property 790.164, Florida Statute

  • Furnishing Weapons to Minors 790.17, Florida Statute

  • Dealer Selling Arms to Minors 790.18, Florida Statute

  • Shooting or Throwing Missiles in Dwelling 790.19, Florida Statute

  • Possession of Forbidden Firearms 790.221, Florida Statute

  • Felons Possessing Weapons 790.23, Florida Statute

  • Using a Firearm While under the Influence 790.151, Florida Statute

  • Use of a BB Gun by a Person under 16 790.22, Florida Statute

  • Altering or Removing Firearm Serial Number/Sale or Delivery of Firearm with Serial Number Altered or Removed 790.27, Florida Statute

  • Use of A Self-Defense Weapon 790.054, Florida Statute

 

10/20/Life Provisions

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The Florida legislature has enacted a 10/20/Life provision in an attempt to get tough on crimes involving firearms.

In the State of Florida, some weapons charges can carry a minimum mandatory sentence, which means if convicted, you must serve a certain amount of your sentence day for day in Florida State Prison, including:

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  • Mandates a minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device

  • Mandates a minimum 20 year prison term when the firearm is discharged

  • Mandates a minimum 25 years to LIFE if someone is injured or killed

  • Mandates a minimum 3 year prison term for possession of a firearm by a felon

  • Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed

 

These sentences are the minimum mandatory sentence that will be imposed upon conviction, meaning that the court can not impose a lesser sentence for the charged offense. The court still has discretion to impose a sentence up to the statutory maximum allowed for the particular offense. The Court can not “withhold adjudication” nor suspend or defer the imposition of the sentence.

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The 10/20/Life provisions apply to the following offenses:

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  • Possession Firearm by Felon (3 year min/man applies for actual possession of firearm);

  • Burglary of Conveyance (3 year min/man applies for actual possession of firearm);

  • Burglary;

  • Robbery;

  • Arson;

  • Sexual Battery;

  • Kidnapping;

  • Escape;

  • Aggravated Abuse of the Elderly or Disabled;

  • Aggravated Child Abuse;

  • Unlawful discharge of a destructive device or bomb;

  • Carjacking;

  • Home-invasion robbery;

  • Aggravated Stalking;

  • Trafficking in a controlled substance; and

  • Murder.

 

 

Illegal Possession of a Firearm

In addition to Federal laws that restrict firearm possession, Florida has set forth certain restrictions. Florida law does not let people who fall within the following criteria to legally possess a firearm:

  • If you have been convicted of a felony offense in the State of Florida or any other jurisdiction and your civil rights have not been restored;

  • If you have been adjudicated delinquent as a juvenile of any offense that would have been a felony if you had been charged as an adult;

  • If you are under 16, unless the gun is not loaded and is at home under parental supervision;

  • If you have been found in certain proceedings to be a drug addict, vagrant or mentally incompetent; or

  • If you are subject to an active domestic violence injunction or charge.

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