In order to lawfully possess a weapon or firearm in the state of Florida, a person must adhere to the laws. Improperly possessing or carrying a weapon constitutes a criminal offense in this state, just as using a weapon to commit a criminal act is a criminal offense.
In this state, it is a first degree misdemeanor to carry a concealed weapon or electric weapon/device on his or her person. If the concealed weapon is a firearm, then the charge would be a third degree felony. There are some individuals to whom this statute does not apply, such as law enforcement officials.
Of course, Florida has a "Stand Your Ground" law, which allows the use of deadly force if a person feels threatened and in immediate danger of being injured or killed. Other self-defense weapons are permitted, such as pepper spray and nonlethal stun guns.
There are many other laws listed in Chapter 790 and elsewhere in the Florida Statutes that make certain possession and use of firearms and other weapons illegal. This might include illegally open carrying of a weapon, which is a second degree misdemeanor per § 790.053. Use of a weapon to commit various theft offenses such as robbery, car theft and burglary can enhance the charges and penalties.
§ 790.07 of the Florida Statutes describes the criminal offense of possessing or using a weapon while being engaged in a criminal offense. In many cases, the charges for criminal offenses can be enhanced if a weapon was used. This type of activity can be charged as a second or third degree felony offense. One example is "Aggravated Assault" found in § 784.021 of the Florida Statutes, which involves the offense of assault that is accomplished with the use of a deadly weapon. This is a third degree felony.
§ 790.23 of the Florida Statutes makes it illegal for a convicted felon, or a delinquent convicted of an equivalent offense, to possess firearms, ammunition or other related weapons. Individuals convicted in other states for offenses that would be a felony in Florida are also barred from possessing these weapons and ammunition in the state of Florida. This statute does allow for some convicted felons to have their weapons rights restored. Any convicted felon who is found in possession of these weapons or ammunition and has not had their weapons rights restored can be charged with a second degree felony.
Here we have only covered a select few gun and weapon laws in Florida. If you have been arrested for one of these or any other type of firearm offense, please do not hesitate to contact our firm as soon as possible. We can provide you with a free evaluation of your case and begin building a strong defense to present to the judge and/or jury.