Understanding Florida Weapons Charges

Florida has strict weapons’ laws, and violations can lead to felony convictions, significant jail time, and loss of civil rights. Weapons charges typically fall into several categories, including:

• Illegal Possession of a Firearm
• Carrying a Concealed Weapon Without a Permit
• Felon in Possession of a Firearm
• Improper Exhibition of a Firearm
• Possession of an Unlicensed Firearm
• Aggravated Assault with a Deadly Weapon
• Using a Firearm in the Commission of a Crime

Each of these offenses carries its own set of penalties and legal considerations.

Florida Laws Governing Weapons and Firearms

Florida Statutes Chapter 790 regulates weapons and firearms possession, use, and restrictions. Below are key provisions:

• Carrying a Concealed Weapon: A person eligible for a concealed carry permit (CCP) under Florida Statute 790.06 may carry without a CCP, however the requirements are very strict, and the law is not straightforward. Conducting one’s own analysis risks criminal charges. A violation can result in a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine​.
• Open Carry Restrictions: Florida prohibits open carry of firearms, except for specific exceptions such as hunting, fishing, or law enforcement purposes. A violation is a second-degree misdemeanor, punishable by up to 60 days in jail​.
• Possession of a Firearm by a Convicted Felon: Felons are prohibited from possessing firearms, ammunition, or electric weapons. This is a second-degree felony, carrying up to 15 years in prison and a $10,000 fine.
• Aggravated Assault with a Deadly Weapon: Using a firearm or weapon to threaten another person without firing it is an aggravated assault charge, which is a third-degree felony, punishable by up to 5 years in prison​.
• Improper Exhibition of a Firearm: Displaying a firearm in a threatening or careless manner is a first-degree misdemeanor, with penalties including up to 1 year in jail​.
• Use of a Firearm During a Crime: Under Florida’s 10-20-Life Law, possessing a firearm during the commission of certain felonies results in mandatory minimum sentences:
  • 10 years for possessing a firearm
  • 20 years for firing a firearm
  • 25 years to life for injuring or killing someone with a firearm​.

These laws emphasize Florida’s strict approach to firearm-related offenses.

Potential Penalties for Weapons Charges

The severity of weapons charges depends on several factors, including:

• Prior criminal record
• Whether the weapon was concealed or openly carried
• If the firearm was used in another crime
• The location of the offense (e.g., school zone, government building)
• Whether the defendant is a convicted felon

Misdemeanor vs. Felony Weapons Charges

These penalties highlight the importance of having a skilled weapons charges attorney to defend your case.

Defenses to Weapons Charges

At McNary Powers, we analyze every detail of your case to build a strong defense. Common legal defenses include:

• Lack of Knowledge: If you were unaware of the presence of a firearm, this may be a valid defense.
• Illegal Search and Seizure: Law enforcement must follow proper procedures when conducting searches. If your rights were violated, evidence may be thrown out.
• Valid Permit: If you had a valid concealed carry permit, we can argue that the charges should be dismissed.
• Self-Defense: If you used a firearm in self-defense under Florida’s Stand Your Ground Law, we may argue that you acted legally.
• Constructive Possession: If the firearm was not in your direct possession and belonged to someone else, we can challenge the prosecution’s claims.

Why You Need a Weapons Charges Attorney

Weapons charges can have serious legal, financial, and personal consequences. An experienced attorney at McNary Powers can help by:

• Investigating your case to uncover weaknesses in the prosecution’s argument
• Filing motions to suppress evidence obtained illegally
• Negotiating plea deals to reduce charges and penalties
• Defending your constitutional rights in court
• Advising on firearm rights restoration after a conviction

We represent clients in Bradenton, Lakewood Ranch, and Sarasota, ensuring they receive the best legal defense possible.

Contact McNary Powers for Your Defense

If you are facing weapons charges in Florida, you need a dedicated criminal defense attorney to protect your future. McNary Powers is committed to defending your rights and providing a strategic, aggressive legal defense.

Call us at (941) 345-1662 today for a consultation and let us help you navigate your legal challenges.