Florida Gun Charges Explained: When Legal Ownership Still Leads to Arrest
The State of Florida supports the right of citizens to have weapons. But being able to legally buy and use weapons does not necessarily exempt you from being accused of a crime. On the contrary, there are plenty of people who do not realize they can be detained despite their compliance with the law.
Understanding Florida’s gun laws
In Florida, the law allows you to possess a firearm on several grounds. Being of legal age and the lack of a criminal background are examples of these grounds. In recent times, permit less concealment has been allowed in Florida.
However, there exist significant restrictions within the law regarding the use of firearms. These restrictions apply even to those people whose possession of guns is lawful. For instance, one cannot take their gun to a location where guns are not allowed, such as schools or government offices. The storage of firearms inappropriately can also lead to legal problems.
When legal gun ownership becomes a criminal issue
One of the most common types of situations that people find themselves in is related to those who legally own firearms but have broken laws without knowing it. For example, people can carry firearms that are not supposed to be carried in their state or they may transport the gun the wrong way in their car.
Sometimes, people get into trouble because of their criminal history. Florida Statute 790.23 states that having a felony on your record means that you cannot legally possess a firearm. You can face felony charges even if you merely hold a gun.
Misuse can also cause criminal charges. Carrying a firearm and showing it in an aggressive manner (brandishing) can lead to aggravated assault charges. The use of the gun is another problem. Firing a gun illegally can cause criminal charges.
Defenses to gun charges
When defending gun-related charges, you should look at the actual facts surrounding the case and whether the police followed the law correctly during the investigation. Some individuals may be unaware of a particular restriction, which could include carrying a weapon in a restricted place.
In other situations, you may argue that you did not possess the weapon. If a firearm was discovered in a communal area, like a car, it falls on the prosecution to demonstrate that the accused had control over and was aware of the firearm.
One of the most important considerations regarding guns is self-defense. There are instances where you have the right to protect yourself, including using lethal force in self-defense.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who have been charged with weapons crimes. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
