Firearm And Weapons Charges Lawyer in Jacksonville
The state of Florida is getting stricter when it comes to gun control and weapons laws. There are many different laws regarding citizens who wish to purchase, own or carry a weapon. Any crime that involves a gun or weapon means a substantial increase in the severity of the penalty. Felony convictions in general also disqualify individuals from owning a weapon, yet there are also misdemeanor charges and even restraining orders involving an ex-spouse that can impact your ability to exercise your Second Amendment right.
Attorney Lee Lockett of Lockett Law, P.A., represents gun owners (or those who wish to be) in Jacksonville and northeast Florida. As a criminal defense lawyer with over 20 years’ experience, Lee Lockett has represented clients facing many different weapons charges. We customize our approach to fit our clients’ cases by listening to their legal goals and then outlining a plan on how to best achieve them. We can work with you to challenge local ordinances as well as state and federal laws.
Who Can Not Buy a Gun in Florida?
Those found in possession of a weapon or firearm after losing their gun rights will face serious consequences. Gun rights in Florida are revoked for the following charges:
- Individuals with a documented history of drug abuse
- Individuals guilty of domestic violence
- Individuals convicted in a gun-related or violent misdemeanor
- Individuals guilty of juvenile offenses
Common Gun And Weapon Charges in Jacksonville, Florida
We can often successfully defend clients facing the following weapons charges:
- Possession of an illegal weapon, including automatic weapons, sawed-off shotguns or an unregistered firearm
- Illegal discharge of a firearm
- Carrying a concealed firearm without a permit to do so
- Arms smuggling or trafficking
- Weapon violations at airports
- Brandishing a weapon
- Possession of explosives or materials to make a bomb
Carry a Concealed Weapon
While possessing a firearm in Florida is perfectly legal, Statute § 790.01 prohibits anyone from carrying a concealed weapon on his or her body without a Concealed Weapons Permit. The crime of carrying a concealed weapon is defined as having a weapon concealed anywhere other than your home or a personal property.
Citizens in the state of Florida who meet the following requirements are eligible for a concealed weapons license:
- Must be 21 years or older
- Must not have a physical disability which prevents safe handling of a firearm
- Must not have a mental disability which prevents safe handling of a firearm
- May not be a convicted felon
- No history of substance or alcohol abuse
- Wishes to carry the weapon for self-defense purposes
- Has not been convicted of domestic violence
Possession of a Firearm by a Convicted Felon
In the United States, possession of a firearm or ammunition by a convicted felony is strictly prohibited and can carry some hefty jail time, including a likely minimum-mandatory sentence of three years. Possessing a firearm as a convicted felon is a second-degree felony and is punishable by up to 15 years in Florida Department of Corrections. That being said, if the felon in possession of the firearm has charges that are related to gang activity, the charge could carry a minimum of 10 years and a maximum of life in state prison. Anyone who meets any of the following conditions is not eligible to own a firearm, ammunition, electric weapon, etc:
- Convicted Felon
- Guilty of committing a felony against the United States
- Found guilty of a juvenile crime that, had the defendant been an adult, would have resulted in a felony conviction
Improper Exhibition of a Firearm
Anyone in the state of Florida who displays a firearm in front of another individual in a manner that could in anyway be perceived as angry or threatening, may be charged with improper exhibition of a firearm under Florida Statute § 790.10. This specific charge is a first-degree misdemeanor, meaning it carries a sentence of up to one year of incarceration and a fine of up to $1000, or even both.
Possession of Ammunition
Similar to how a convicted felon is prohibited from possessing a firearm, the same goes for possessing ammunition. Possession of ammunition is a felony that could also result in a federal charge and will likely carry the same punishment as a felon in possession of a firearm, including a minimum-mandatory sentence in prison.
Gun trafficking is an extremely serious charge in the United States, especially in the state of Florida. In fact, this charge can be a felony charge in the state of Florida, but it can also be a federal charge if certain requirements are met, such as if the guns were transported and sold across state lines. The charge of smuggling or trafficking firearms is very serious and carries exceptionally harsh penalties.
Contact an Experienced Firearm Defense Attorney in Jacksonville, FL
Have you or a loved one been charged with a firearm or weapon offense? If so, it is imperative to contact an experienced Jacksonville gun crime attorney. Call our offices in Jacksonville at 904-858-9818 or contact us online to schedule a free initial consultation.