Weapon Charges Attorney in Daytona Beach, Florida
Facing weapons charges can be scary and confusing because these charges carry severe penalties for those convicted. If you find yourself facing weapons charges in Florida, it’s imperative that you consult with an experienced criminal attorney who specializes in defending against weapons-related crimes so that you have reliable support during this difficult process.
At DaytonaDefense.com, our weapons charges attorney is dedicated to providing high-caliber legal representation to clients. We offer compassionate and personalized service to those throughout Daytona Beach, Florida, and the surrounding areas, including 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.
Common Weapons Charges in Florida
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 if 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.
Florida Open Handgun Carry Law
In Florida, it is illegal to openly carry handguns or any other firearm. Handguns cannot be displayed in any situation unless they are authorized by law, or unless doing so is necessary for self-defense. Violating the open handgun carry law can result in a criminal conviction.
There are certain exceptions to the prohibition to openly carry handguns in Florida. State law does not prohibit individuals from openly carrying weapons to and from fishing, hunting, camping, and gun ranges. However, no stops must occur on the way to the destination for any of these exempted activities.
Where Weapons Are Prohibited
Under Florida law, weapons are prohibited in certain places such as police stations, prisons, courthouses, polling places, government meeting places (city hall meetings), airports, as well as inside schools (including college campuses) and other educational facilities such as daycare centers.
Additionally, many businesses have their own policies prohibiting weapons on their premises. Therefore, it is important to check with the proper personnel before carrying your weapon into their establishment.
Unlawful Types of Weapons
In addition to restrictions on where weapons may be carried within the state of Florida, there are also restrictions on what types of weapons may be possessed by individuals within the state’s borders. These unlawful types of weapons include:
short-barreled rifles (with a barrel length less than 16 inches);
short-barreled shotguns (with a barrel length less than 18 inches);
machine guns (automatic firing guns capable of discharging more than one shot without reloading);
firearms with altered or removed serial numbers; and
armor-piercing/exploding bullets in a handgun.
If you are facing charges for possessing any of these weapons, contact an attorney to help you understand your legal defense options.
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.
Weapon Charges Attorney in Daytona Beach, Florida
If you are facing weapons crime charges, do not hesitate to contact us at DaytonaDefense.com before it is too late. Time is of the essence when being accused of a weapons or gun violation in Florida. Our weapon charges and gun crimes attorney can help you explore your defense options to ensure the best possible resolution of your case. Contact our office in Daytona Beach, Florida, today to request a free case evaluation.