While the Second Amendment grants every American the “right to bear arms,” there are a lot of circumstances where that right can be significantly limited or even taken away altogether. On top of that, violating any of the regulations on firearm possession, purchasing, selling, and ownership put in place by Florida state law can lead to steep fines, lengthy stays in jail or prison, or even a permanent record as a felony offender.
If you are facing any criminal charge alleging improper use of a firearm, you should speak with a Sunrise gun lawyer about your options for defending yourself in and out of court. Law enforcement authorities and court officials take accusations like this extremely seriously, and you will need help from an expert defense attorney if you want a fair shot at getting a positive case result. Our award-winning team at Rossen Law Firm is here to help.
Dealing with Common Gun Charges
Gun offenses can be prosecuted as misdemeanors or felonies in Florida. Still, most charges are felonies that can result in serious prison time and the loss of your gun rights upon conviction. Here are some of the more common charges that our Sunrise gun defense lawyers often see:
Unlawful Firearm Possession
Under Florida state law, minors under 21, people dealing with severe drug or alcohol addiction, people with a history of commitment for mental health problems or domestic violence, and convicted felons are prohibited from possessing firearms of any kind. Unlawful firearm possession is generally a misdemeanor unless the defendant is a convicted felon; in this case, they may face a mandatory minimum three-year prison term up to a maximum of 15 years upon conviction.
Improper Use or Discharge of a Firearm
Using a firearm while under the influence of drugs or alcohol is a second-degree misdemeanor, and brandishing a firearm in a threatening or angry manner is a first-degree misdemeanor. Unlawfully discharging a firearm in public is an even more severe third-degree felony offense unless you are defending life or property—yours or someone else’s.
Using a Firearm in the Commission of a Crime
Florida adheres to a “10/20/life” rule when it comes to allegations that someone had a firearm with them when they committed another criminal offense: 10 years mandatory minimum sentence if they just had the firearm on their person, 20 years if they discharged the firearm while committing the crime, and 25 years to life if they discharged their firearm and seriously hurt or killed someone else as a result.
Can You Get Your Gun Rights Restored After a Felony Conviction?
Getting your gun rights back after a felony conviction is difficult. Once eight years have passed since you completed all conditions of a felony sentence, you can apply to have your right to possess and purchase firearms restored.
This process typically involves a comprehensive application packet, an investigation by the Florida Parole Commission, and potentially a court hearing. Expert legal guidance can be vital to getting a good result from this complicated process.
Talk to a Sunrise Gun Attorney Today
Your right to own and use guns in Florida is far from unlimited, and stepping outside the boundaries set by state law can lead to life-changing criminal and administrative sanctions. Fortunately, you have help available in situations like this from our experienced legal professionals at Rossen Law Firm. We have countless people like you fighting back against criminal charges, and we are prepared to do whatever it takes to protect your future.
A conversation with a Sunrise gun lawyer will give you clarity about your rights and confidence about your next steps. Call us today to set up your initial strategy session.