Miami Weapons Charge Defense Lawyer
Trust Fischer Redavid PLLC for Knowledgeable & Aggressive Counsel
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 be lawfully possessed, carried, exhibited, and used. The same is true under federal law. In Florida, a firearm is any weapon (including a starter gun) that 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, meaning 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
- Tear gas gun
- Chemical weapon (except “self-defense spray”)
There are serious potential consequences for violating weapon and gun laws, but having the assistance of an experienced lawyer can make all the difference in the world. Our attorneys at Fischer Redavid PLLC know of many ways to defend these charges, often requiring fact-intensive inquiries and nuanced legal arguments. Read on for more about the different types of weapons and firearms charges we handle.
At Fischer Redavid PLLC, our Miami criminal defense attorneys have the skill and knowledge to fight for your rights. Call (305) 400-0074 now for a free consultation.
Carrying a Weapon or Firearm: Concealed vs. 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, under Florida’s concealed carry laws, the Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or firearms.
Florida’s open carry law makes carrying a weapon or firearm openly on or about your person a crime. 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 displayed in an intentionally angry or threatening manner.
Sale, Purchase & Delivery of Firearms
In Florida, generally speaking, 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, such as 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. Our experienced attorneys can advise you.
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 a second-degree felony. Any second or subsequent conviction under this law will be charged as a first-degree felony. These laws can serve as leverage for the government to add additional criminal charges to an existing prosecution and should not be taken lightly.
Improper Exhibition or Discharging of a Weapon or Firearm
Exhibiting a dirk (e.g. knife), sword, firearm, or another weapon in a careless, angry, or threatening way, and not 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. The same goes for discharging a firearm in public or over a public road, street, or highway.
Improper exhibition can also stem from actions while operating a car. If you are in a vehicle displaying a weapon within 1,000 feet of another person, that is 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.
Possession of a Firearm by Convicted Felons and Others
It is a second-degree felony for a previously convicted felon or a person under age 24 who has been found guilty of an act that would have been a felony if committed by an adult to have a firearm or ammunition on them or in their care, whether it belongs to them or not.
If you are charged with a weapon- or firearm-related offense, call our Miami criminal defense attorneys at (305) 400-0074 to discuss your options.