Understanding Weapons Charges in Florida
Charges related to weapons, firearms, and threats are serious issues in the state of Florida. Florida law carries some hefty penalties for violators, particularly those who re-offend. This holds especially true for illegal possession or unauthorized use of a firearm.
This post will dive into several of the most frequent weapons charges in Florida. It will outline their Florida-specific provisions to better understand what they are about and what to expect.
The Basics of Weapons Charges in Florida
According to Florida’s Statutes and Constitution Title XLVI, Chapter 790, the legal code contains a comprehensive list of all related weapons charges.
The criminal penalties for these charges are on the harsher side of the law. Many of them are some degree of felony. The harshness is amplified when these charges occur alongside other criminal offenses such as theft, robbery, and assault.
Simple weapons charges may only carry misdemeanor penalties. However, even misdemeanors can lead to actual jail time depending on a case’s details.
Some of the more frequent weapons charges are explained below.
Brandishing a Firearm
Brandishing is another way of saying ‘showing off’ or threatening someone by displaying a weapon. Specifically, it refers to the showcasing of a weapon in a way that could be construed as follows:
- Angry
- Thoughtless or Careless
- Intimidating
- Rude
Demonstrations like this are not necessarily construed as any type of self-defense, making this charge distinct from defense claims.
The charges related to brandishing are usually a first-degree misdemeanor. This carries a fine of $1000 and potentially a year in jail.
No Permit Concealed Carry
Those who carry a weapon and keep it concealed must have the appropriate permits. Otherwise, it is a felony offense with stiff criminal penalties.
Charges of concealed carry with no license are third-degree felonies with a $5000 fine and five years in jail.
Discharging a Firearm in Public Unlawfully
The charges related to unlawful discharge frequently relate to negligence on the gun owner’s part. Irresponsible use of a weapon includes discharging it publicly — that is, outside of a residence or private property.
It is important to understand the difference between negligent or irresponsible weapon discharge and justified use to defend life or property.
Negligence means the firearm is used when there is no immediate or justifiable threat to body or property. This offense is a third-degree felony with a maximum $5000 fine and five years of jail time.
If using the weapon for something like target practice in a known residential space, violators will be charged with a first-degree misdemeanor.
If the weapons discharge occurs in a car or vehicle with another person nearby (up to 1000 feet), it is a much more serious second-degree felony. Violators face 15 years of jail time and up to $15000 in fines.
Selling a Firearm Illegally
The purchase and sale of firearms must follow every procedure to be legal. Even if a firearms dealer is licensed, they may face charges if they do not follow all steps to ensure their buyer can legally own a gun.
Ignorance of a prospective buyer’s legal status does not excuse someone from this law. Sellers must do their due diligence to ensure the buyer can legally own a weapon.
The charge of illegal firearm sales is a third-degree felony. Those charged with this crime could see five years of jail time with a $5000 fine.
Possession of Stolen Property
Possession of stolen property can include firearms and almost always brings multiple charges.
Those who have a firearm reported stolen will also face illegal possession of a firearm. The felony levels range from first to third degree, contingent on the context of all the criminal charges.
Illegally Possessing a Firearm
Having or using a gun that is stolen could lead to many felony weapons charges. Depending on the type of weapon and other criminal charges, these could range from third-degree up to first-degree felonies.
Firearm Usage and Committing a Crime
Within Florida law, the use of a firearm in the commission of another felony crime automatically elevates to a second-degree felony. This carries a fine of up to $5000 and jail for five years. These can occur alongside other charges such as assault with a deadly weapon, adding even more fines and jail time.
In some cases, a weapon does not even have to be used to incur charges. For example, a concealed weapon on a person who commits a crime is still a third-degree felony offense.
Using Firearm Under the Influence
The use of a weapon while under the influence of either drugs or alcohol is classified as a misdemeanor (second degree). Violators could see 60 days in jail and a fine of $500.
This charge typically comes with further charges such as disorderly intoxication, disorderly conduct, disturbing the peace, or more. Further charges will yield greater fines and lengthier jail sentences.
Creating or Manufacturing Firearms
Currently, Florida law still allows the creation of a gun. However, the gun maker must register the weapon, receive a registered serial number, and place that serial number somewhere on the gun itself.
This legal status is changing by 2023 due to the growing threat of what are known as ‘ghost guns.’ These are weapons created using tools like 3D printers. Like many other states, Florida is placing restrictions on the self-manufacturing of guns to stop this dangerous trend from continuing.
Florida already has a law on the books related to making weapons of destruction. The charge is a felony in the third degree with penalties of $5000 and five years of jail time. The exact provisions of the new law will likely follow these guidelines in terms of their seriousness.
When to Contact an Attorney
Mistakes can happen in relation to weapons. But, as this post shows, one mistake can inevitably bring some serious felony charges. For many people, this could lead to jail time.
Those who are facing this reality and unsure what to do can find some help by contacting a defense attorney. Their knowledge and understanding of the law, charges, and related penalties can provide much clearer guidance through the Florida legal system.
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