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In Florida, a person must be licensed to carry a concealed firearm on themselves. While the second amendment of the United States Constitution gives people the right to keep and bear arms, States are allowed to regulate gun ownership. In Florida, the penalties for improper gun ownership and improper use are severe, therefore it is important that you call our office if you, or a loved one is charged with a gun crime. Call now to speak with a Fort Lauderdale gun crime attorney for a case evaluation.What is Considered a Firearm in Florida?
Firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.What is a Concealed Firearm?
A concealed firearm means any firearm which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
Consequences of Carrying a Concealed Firearm
If an unlicensed person carries a concealed firearm on themselves, or near themselves, that person commits a third-degree felony and can be punished up to five years in prison and up to a $5,000 fine.
Whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
- In the case of a felony of the first degree, to a life felony.
- In the case of a felony of the second degree, to a felony of the first degree.
- In the case of a felony of the third degree, to a felony of the second degree.
Which charges can be enhanced if a gun is used?
- Sexual battery
- Aggravated battery
- Aircraft piracy
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Home-invasion robbery
- Aggravated stalking
- Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of Florida Statute 893.135(1) or
- Possession of a firearm by a convicted felon
Possession of a Firearm: If someone possesses a firearm during any of the listed offenses, that person shall be sentenced to a minimum term of imprisonment of 10 years, unless the conviction are possession of a firearm by a felon or burglary of a conveyance. In those cases, the minimum term of imprisonment is 3 years in Florida State Prison.
Discharge of a Firearm: If someone discharges a firearm during one of the listed offenses, that person must be sentenced to a minimum term of imprisonment of 20 years.
Discharge of a Firearm with death or great bodily harm: If someone is convicted of a listed felony, and because of the discharge of the firearm, causes death or great bodily harm, that person must be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
For more information, contact our office to speak with a Fort Lauderdale gun crime lawyer today.