Gun / Firearm / Weapons Charges

Citizens of the United States pride themselves and this country on the constitutional right to bear arms. However, Florida has imposed certain laws and regulations regarding weapons and guns to ensure citizens of the Sunshine State own and use weapons without harming others in the community.

Laws prohibiting certain use of weapons can be misdemeanors or felonies, and they may carry harsh penalties. Often, convictions for weapons charges in Florida carry jail or prison time along with steep fines. With this being the case, having a qualified Tallahassee criminal attorney can help you avoid the potential penalties and allow you to effectively argue your case so you can move on with your life.

There may be ways to have your firearm charge in Florida dropped or have the penalties reduced. Therefore, it is imperative to hire an experienced weapons defense attorney who is familiar with Florida’s laws and regulations. The attorneys at Pumphrey Law can examine your case and help you make the best decision.

We are a full-service criminal defense firm that is dedicated to providing excellent client representation while developing the strongest case for your particular situation. The attorneys are committed to their clients, and they focus on making certain their individual rights are preserved during this difficult process. The attorneys at Pumphrey Law can be an invaluable part of your defense strategy.

Weapons Charges Information Center

Carrying Concealed Weapons in Florida
Possession of a Firearm by a Convicted Felon
Other Weapons-Related Crimes
Florida’s Special Gun Legislation
Possible Defenses to Weapons Charges
Gun / Firearm / Weapons Resources in Florida

Carrying Concealed Weapons in Florida

In Florida, it is not illegal to possess a firearm. However, there are restrictions. According to Florida Statute § 790.01, it is illegal for a person who does not have a Concealed Weapons Permit to have any concealed weapon on his or her body. If someone is caught doing so, that person could face charges of carrying a concealed weapon.

Carrying a concealed weapon is defined as carrying a concealed weapon anywhere other than your home or a business in Florida that requires a Concealed Weapons Permit. However, if someone carries a weapon or firearm in public and they do not have a CWP, they can be charged with this offense.

According to Florida Statutes § 790.06, certain citizens are permitted to carry concealed weapons with an appropriate permit. A person is eligible for a Concealed Weapons Permit in Florida if they meet the flowing requirements:

A United States resident and citizen or permanent resident
At least 21 years old
Does not suffer from a physical disability preventing the safe handling of a weapon
Is not a convicted felon ineligible to possess a firearm
Has not been committed for controlled substance abuse for the three years prior to application
Does not habitually use alcohol or controlled substances
Desires to carry a weapon for self-defense
Has displayed competence with a firearm
Is not legally incapacitated
Has not been committed to a mental institution for the five years prior to application
Has not been found guilty of a domestic violence crime and met all sentencing requirements for the three years prior to application
Has not been enjoined from committing acts of domestic violence
Is not prohibited from possessing or purchasing a weapon under any other Florida or federal laws

A conviction for carrying a concealed weapon that is not a firearm is a misdemeanor of the first degree, which can include imprisonment up to one year, fines up to $1,000 or both.

Carrying a concealed weapon that is a firearm is a third-degree felony, which can incur state prison time up to five years, fines up to $5,000 or both.

Possession of a Firearm by a Convicted Felon

In Florida, it is against the law for an individual to possess electric weapons, firearms, ammunition or any other weapon if that individual was previously:

Convicted of a felony
Found guilty of committing a felony against the United States
Adjudicated of an offense that would have been a felony if it committed by an adult
Convicted of a delinquent offense in another state or country that would be considered a felony in Florida
Convicted of a crime that is punishable by a prison term of a year or more in another state, territory or country that is a felony

Possession of a firearm by a convicted felon is considered a second-degree felony. If convicted of this offense, a person could face up to 15 years in prison, a $10,000 fine or both. Under Florida Statute § 874.04, if the person’s crimes are gang-related, his or her sentence could be upgraded to a minimum of 10 years and a maximum of life in prison.