Gun Lawyer

One of the most common gun crimes in the
state of Florida is possession of
a firearm by a convicted felon.

One of the most common gun crimes in the state of Florida is possession of a firearm by a convicted felon.

This crime carries with it a 3 year minimum mandatory sentence. However, these charges are frequently being moved to federal court because the penalties can then be even harsher. Actual possession occurs if the firearm is in the hand of or on the person, in a container in the hand of or on the person, or so close as to be within ready reach and is under the control of the person. Constructive possession occurs if the firearm is in a place over which the person has control, or in which the person has concealed it.

Beyond possession of a firearm by a convicted felon, possession of a firearm is commonly an enhancement of other crimes. Enhancements can increase penalties for the crime, or can bring a minimum mandatory sentence into play. Aggravated assault, aggravated battery, robbery, and other violent crimes, with the enhancement of a firearm, creates a minimum mandatory prison term for an offender. The most common firearm enhancement in Florida is the 10-20-life enhancement, which institutes a minimum mandatory sentence if the firearm is carried (10 year minimum-mandatory sentence), fired (20 year minimum-mandatory sentence), or if someone is killed with a firearm during the commission of some violent crimes (25 year minimum-mandatory sentence, up to life).

This crime carries with it a 3 year minimum mandatory sentence. However, these charges are frequently being moved to federal court because the penalties can then be even harsher. Actual possession occurs if the firearm is in the hand of or on the person, in a container in the hand of or on the person, or so close as to be within ready reach and is under the control of the person. Constructive possession occurs if the firearm is in a place over which the person has control, or in which the person has concealed it.

Beyond possession of a firearm by a convicted felon, possession of a firearm is commonly an enhancement of other crimes. Enhancements can increase penalties for the crime, or can bring a minimum mandatory sentence into play. Aggravated assault, aggravated battery, robbery, and other violent crimes, with the enhancement of a firearm, creates a minimum mandatory prison term for an offender. The most common firearm enhancement in Florida is the 10-20-life enhancement, which institutes a minimum mandatory sentence if the firearm is carried (10 year minimum-mandatory sentence), fired (20 year minimum-mandatory sentence), or if someone is killed with a firearm during the commission of some violent crimes (25 year minimum-mandatory sentence, up to life).

Other common gun crimes include carrying a concealed firearm and improper exhibition of a dangerous weapon or firearm.
Carrying a Concealed Firearm has been codified in Florida Statute Section 790.01:
A person commits the crime of carrying a concealed firearm if they knowingly carried a firearm on their person and it was concealed from ordinary sight of another. The crime of carrying a concealed firearm is a third degree felony in Florida. A third degree felony carries with it a term of imprisonment not to exceed five (5) years and/or a fine not to exceed $5,000.00. It is important to know that a person may lawfully carry a concealed firearm around their home or place of business, which includes a place where you are employed, a trade union, or professional/business organization that you are a member of. Further, a firearm may be concealed in the interior of a private vehicle, without a permit, so long as it is securely encased and not readily accessible for immediate use.

Improper exhibition of a dangerous weapon or firearm is codified in Florida Statute Section 790.10.
The crime is committed when a person had or carried a dangerous weapon or firearm, the person exhibited the weapon/firearm in a rude, angry, threatening, or careless manner, and the person did so in the presence of one or more persons.
Improper exhibition of a dangerous weapon or firearm is a first degree misdemeanor which carries a term of imprisonment up to 1 year, and/or a fine up to $1,000.

One of the most common and strongest defenses to a case against you for improperly exhibiting a dangerous weapon or firearm is self-defense.

If you or someone you know has been charged with a gun crime, contact Malcolm Anthony, an attorney with 30 years of experience in criminal law and an attorney who has successfully defended gun crimes in Duval County, Florida and the surrounding areas. Our initial consultation is always free and we can advised you on a recommended course of action.