Daytona Beach Weapon Charges Attorney

Facing weapons charges can be scary and confusing because these charges carry severe penalties for those convicted. Our Daytona Beach, FL weapons charges attorney is dedicated to providing high-caliber legal representation to clients. At Daytona Defense, we offer compassionate and personalized service to those throughout Volusia County, Palm Coast, Port Orange, DeLand, New Smyrna Beach, and Flagler County. Contact our firm today to request an initial consultation and understand your rights as a defendant in a gun crime or weapons offense case.  

Your Weapons Charges Defense Lawyer in Daytona Beach, FL

Florida weapons laws are strict, highly specific, and often misunderstood, which is why weapons-related charges can arise even when someone believes they were acting lawfully. Understanding where, how, and what you may legally carry is critical—and mistakes or misunderstandings can quickly lead to serious criminal consequences.

In Florida, openly carrying a handgun or other firearm is generally prohibited unless specifically authorized by law or necessary for lawful self-defense. Violations of the open carry law can result in criminal charges, fines, and possible jail time. While Florida law does allow limited exceptions—such as carrying a weapon to and from fishing, hunting, camping, or a gun range—these exceptions are narrowly interpreted. Any unnecessary stops along the way may eliminate the exemption and expose you to criminal liability.

Weapons are also strictly prohibited in certain locations, including police stations, courthouses, prisons, polling places, government meetings, airports, schools (including college campuses), and daycare facilities. Additionally, many private businesses enforce their own no-weapons policies, and violating those rules can lead to criminal charges or trespassing allegations.

Beyond location-based restrictions, Florida law also bans possession of certain types of weapons, including short-barreled rifles and shotguns, machine guns, firearms with altered or removed serial numbers, and armor-piercing or explosive handgun ammunition. Charges involving prohibited weapons are often treated as serious felonies with harsh penalties.

Why Experience Matters in Cases Involving Weapons

Because weapons charges frequently hinge on technical details, statutory exceptions, and law enforcement procedure, knowledgeable legal representation is essential. An experienced Florida defense attorney can examine whether the search and seizure were lawful, whether an exception applies, and whether the prosecution can meet its burden of proof. If you're facing weapons charges in Daytona Beach, having a skilled lawyer like Jeff Higgins on your side can make the difference between a conviction and a favorable outcome.

Types of Weapons Charge Cases We Handle

When facing weapons charges in Florida, it’s critical for defendants to understand what type of charge they are up against and how that charge works within the legal system.  The following are some of the most common types of weapons charges in Florida: 

• Unlawful possession of a firearm. Unlawful possession of a firearm refers to possession of a firearm by an individual who falls under one or more prohibited categories, such as someone convicted of a felony or certain misdemeanors, anyone under 18 years old, or anyone found guilty of domestic violence. This charge can also involve possession or ownership of an illegal weapon, such as a machine gun.  

• Unlawful discharge of a firearm. This charge applies when an individual discharges a firearm recklessly or with malicious intent. It is important to note that this charge applies even if the individual was legally allowed to possess the firearm.  

• Illegal sale/gun trafficking. Gun trafficking is often considered a federal offense because it involves illegally moving firearms from one state to another across state lines. Gun trafficking can involve individuals selling guns without proper documentation and/or selling guns without conducting background checks on buyers.   

• Carrying a concealed firearm. In Florida, individuals must have a Concealed Carry License (CCL) in order to carry concealed firearms on their person or in their vehicle. Without a CCL, individuals can face criminal charges if they are caught carrying concealed firearms, regardless of whether they own those firearms legally.  

• Possession of stolen firearms. Possession of stolen firearms involves knowingly possessing, receiving, buying, selling, delivering, transporting, storing, concealing stolen firearms—or aiding and abetting any other crime related to the stolen firearm. 

• Manufacturing firearms. In Florida, manufacturing firearms requires licensing from both the federal government and the state government, and it is heavily regulated due to its potential risks for misuse and public safety violations. Individuals who manufacture unlicensed firearms can face serious criminal penalties, including jail time and hefty fines. 

If you find yourself facing weapons charges in Florida, it’s imperative that you consult with a criminal attorney who's experienced in defending against weapons-related crimes so that you have reliable support during this difficult process. 

Possible Defenses to Weapons Charges 

When facing weapons charges, it is essential to understand the potential strategies available. One possible defense is that the weapon was not intended to be used in any unlawful manner. Other defenses may include lack of knowledge or intent, mistaken identity, and self-defense.  Depending on the circumstances of the case and applicable laws, a criminal defense lawyer can evaluate various possible defenses to the charge.

Consider speaking with our skilled attorney to discuss your particular situation and start building an effective defense strategy for your unique case.