Weapons and Firearms

Residents of the United States are granted the right to keep and bear arms under the Second Amendment. However, there are certain restrictions in place to limit and regulate firearm possession and other deadly weapons. For example, in Florida, citizens do not have a right to use firearms or weapons in an unsafe manner, and they must have a license to carry them.

Violation of firearm and weapons-related laws can carry several consequences, including steep fines, jail time or both. Even a crime that seems minor can result in a criminal record, which can further limit many future opportunities. If convicted of a weapons charge you may lose your right to carry a weapon.

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Another Favorable Meltzer & Bell Case Result
CHARGES

Carrying Concealed Firearm

FACTS

The Defendant was stopped for having an unlawful tag assigned to the vehicle by officers from the Plantation Police Department...unbeknownst to the Client an out of custody warrant for the felony charge of carrying concealed firearm was issued for his arrest. Meltzer & Bell, P.A. immediately filed a Motion to Vacate the warrant and the Motion was granted. After The State dropped all felony charges relating to the firearm and our client was not convicted of any crime. The unlawful tag was also dismissed.
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Firearms and Weapons Charges Defense Attorney in Broward County

If you have been charged with a weapons or gun crime, you could face life-altering consequences. A conviction could damage your reputation and hinder your job opportunities. In order to protect your freedom and your rights, you need a Fort Lauderdale firearm and weapons defense lawyer to fight for you.

The criminal defense attorneys at Meltzer & Bell, P.A. are dedicated to defending clients and assisting them 24 hours per day, seven days per week. Call (954) 716-8538 to schedule a free consultation.

Meltzer & Bell, P.A. represents clients throughout Broward County, including in Fort Lauderdale, Pembroke Pines, Miramar, Coral Springs, Hollywood, Pompano Beach, Plantation, Davie, Sunrise, Weston and Wilton Manors.


Weapons and Firearm Charges Information


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Charges for Openly Carrying a Weapon or Firearm

In Florida, it is illegal to openly carry a firearm or electric weapon unless he or she is licensed to do so, according to Florida Statues Annotated § 790.053. Violation of the law is considered a second-degree misdemeanor.

Even if a person is licensed to carry a weapon, he or she cannot display it in a threatening or angry manner. If so, he or she could face criminal charges as well.

A person who carries a concealed weapon without a license to do so commits a misdemeanor of the first degree, according to Florida Statues Annotated § 790.01. In this case, concealed means the weapon could be carried on or about the person out of ordinary sight of another person. 

However, this does not include a chemical spray like pepper spray, nonlethal stun guns or dart firing stun guns used for self-defense.

If someone carries a concealed firearm, he or she can be charged with a third-degree felony. If the person has been convicted of two or more violent crimes, he or she can face more severe penalties.


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Enhanced Penalties for Possession of a Firearm

There are certain circumstances in Florida where a person can have his or her right to possess a firearm suspended or revoked. Some of these instances include:

  • The person was convicted of a felony
  • He or she committed a felony against the United States
  • The person was convicted of an offense in another state or country that would be classified as a felony in Florida
  • The person has been adjudicated of an offense that would have been classified as a felony if it were committed by an adult
  • If someone who has had their right to bear arms revoked and is arrested for possession of a firearm, he or she could be charged with a second-degree felony.

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Using a Firearm to Commit a Crime

When someone uses a firearm or a deadly weapon, he or she can face enhanced charges and harsh penalties. The crimes then would be classified as "aggravated" offenses, which can increase the penalties. Some of the most common offenses committed with the use of a firearm include assault, battery, robbery, carjacking and sexual assault.

Aggravated assault is a third-degree felony, and aggravated battery is considered a second-degree felony. If a firearm or other weapon is used to commit aggravated carjacking the crime could be considered a life felony and result in life in prison.


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Penalties for Firearm and Weapons Charges in Florida

There are several stipulations in Florida to determine the penalties for firearms and weapons charged. If convicted, you could face:

  • First-Degree Felony: Up to 30 years in prison and a fine of up to $10,000
  • Second-Degree Felony: Up to 15 years in prison and a fine of up to $10,000
  • Third-Degree Felony: Up to five years in prison and a fine of up to $5,000
  • First-Degree Misdemeanor: Up to a year in jail and a fine of up to $1,000
  • Second-Degree Misdemeanor: Up to 60 days in jail and a fine of up to $500

Carrying a Concealed Weapon / Firearm at the International Airport in Hollywood / Fort Lauderdale 

With offices in Fort Lauderdale, FL, our attorneys represent clients after an arrest at the Fort Lauderdale - Hollywood International Airport. Once of the most common criminal offense charged at the airport is carrying a concealed firearm or other weapon through a security checkpoint. In many of these cases, the passenger packed in a hurry and just didn't realize that the firearm or weapon was in the carry-on luggage.

In fact, a study recently released by the Transportation Security Administration (TSA) shows that one of the top ten airports in the United States for weapon crimes is the Fort Lauderdale - Hollywood International Airport. In 2014 alone law enforcement officers at the airport found 49 loaded or unloaded firearms on passengers. In additional to firearms, it is also illegal to knowingly possess other types of weapons including a knife, stun gun, or razor blade.

If you were arrested for a crime at the airport for Fort Lauderdale, then contact an experienced criminal defense attorney at Meltzer & Bell, P.A. to discuss your case today.


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Finding an Attorney in Fort Lauderdale for Firearm Crimes

Weapons crimes convictions can change your life forever. Defend your right to bear arms with help from experienced attorneys at Meltzer & Bell, P.A.. The Fort Lauderdale firearms and weapons defense lawyers are available to clients 24 hours per day, seven days per week. Call (954) 716-8538 to schedule a free consultation with one of the attorneys at Meltzer & Bell, P.A..


This article was last updated on Friday, November 4, 2016.