Jacksonville Gun Crime Attorney

Gun violence is a serious issue around the country and in Florida. In fact, the state of Florida had the third-highest number of firearm fatalities in the country in the most recent year reported. With thousands of gun-related deaths, it’s no surprise that Florida prosecutors take gun crimes seriously.

In 2019, firearms were reportedly used in the following Duval County crimes:

  • 109 murders
  • 39 rapes
  • 827 robberies
  • 1,786 aggravated assaults

Further, in an effort to stem gun violence, the State Legislature has implemented legislation that is incredibly punitive and harsh on those charged with gun crimes or other firearms-related offenses. One aspect of this legislative scheme is to enhance the degree of any crime in Florida if it involved the possession of a firearm during the commission of any offense. Another aspect of Florida’s tough gun laws would be the imposition of significant mandatory minimum prison sentences for particular gun-related crimes, commonly known by the moniker 10-20-Life.

There are also weapon-specific crimes, such as unlicensed carrying of a concealed weapon or firearm. The possible consequences vary significantly, depending on the crime in question and other factors.

If you or a loved one have been charged with one or more gun crimes or are facing other weapons charges, it’s to your advantage to seek advice from an experienced Jacksonville firearm attorney as soon as possible.

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What Are Misdemeanor Gun Crimes in Florida?

Some Florida gun crimes are misdemeanors. For example:

What Is an Open Carry Weapon Gun Charge?

Openly carrying a firearm or electric weapon or device in Florida is a misdemeanor of the second degree. That means the maximum sentence is 60 days in jail.

However, there are exceptions. For example:

  • A person may openly carry a non-lethal electric weapon that is designed and carried solely for defensive purposes
  • A person legally carrying a concealed weapon may briefly openly display the firearm, provided that the display is not in an angry or threatening manner

A Jacksonville gun crime attorney can provide more detailed information about the possible exceptions and justifications, and what defenses may be available if you have been charged with the open carrying of weapons.

That said while the offenses listed on this page may be misdemeanors there are also many more serious gun offenses that are classified as felonies and which may carry potential penalties that include years or even decades in prison. So if charged with any kind of gun crime it’s important to consult with an experienced gun crime attorney to learn what’s really at stake.

What Is Improper Exhibition of Dangerous Weapons or Firearms?

Displaying a gun in the presence of one or more other people in a “rude, careless, angry, or threatening manner” is a misdemeanor of the first degree, though there is an exception for necessary self-defense. This prohibition applies to certain other weapons, including swords and electric weapons.

A misdemeanor of the first degree carries a possible sentence of up to one year in jail.

Lufrano Legal Fights for People Charged with Gun Crimes

Attorney Matthew Lufrano has dedicated his career and law firm to protecting the rights of people who have been charged with crimes in Florida. He has extensive criminal trial experience and serves as the Immediate Past President of the Florida Association of Criminal Defense Lawyers. Additionally, the Florida Bar has recognized Mr. Lufrano as Board Certified Expert in Criminal Trial Law.

If you’re facing Jacksonville gun charges or have been charged with another crime and accused of using a firearm or other weapon during the commission of that crime, don’t take chances with your future. Give yourself the benefit of expert advice from a criminal defense lawyer in Jacksonville as early in the process as possible.

You can schedule a free consultation with Lufrano Legal, P.A. by calling 904-719-6101 or filling out the contact form on this site. We look forward to discussing how we may be able to help you protect your rights and your freedom.

Florida Gun Laws are Complicated

There is a good reason that lawyers are required to go through such rigorous training and pass a difficult exam to be authorized to practice law in Florida, it’s because the law can be confusing and gun laws happen to be particularly complicated. Sometimes a minor distinction within a fact pattern can make the difference between someone facing a few days in jail versus years in prison.

If you are facing Florida gun crime charges, it’s important that you choose your representation carefully. When you are considering lawyers for gun charges, make sure the gun attorney you choose is experienced in high-stakes criminal cases.

Frequently Asked Questions about Florida Gun Crimes

Gun crimes cover a broad spectrum and can have consequences that extend beyond prosecution and sentencing for the crime. The best source of information about the specific crime you’re charged with and how those charges may impact you is an experienced Jacksonville gun crimes attorney.

Below, we’ve provided general answers to some of the most frequently asked questions about gun crimes and gun ownership.

What misdemeanors prohibit gun ownership in Florida?

Under federal law, a person who has been convicted of a crime of domestic violence is prohibited from owning a firearm, even if the crime is a misdemeanor. A person who is on probation in Florida may be prohibited from possessing firearms during the term of probation, regardless of the underlying offense.

Can I buy a gun if I have adjudication withheld?

Adjudication withheld is typically not considered a conviction for purposes of gun purchasing and possession in Florida if it pertains to a criminal offense as an adult. However, there are exceptions to even this rule here in Florida. In particular, if an individual received a withhold of adjudication as a juvenile for an offense that would have been a felony had they been charged as an adult, then such a person may not own or possess a firearm until they reach the age of twenty-four.

However, Florida law prohibits the issuance of a concealed carry permit to a person who resolved a misdemeanor domestic violence charge through withheld adjudication. This prohibition extends for three years from completion of the terms of probation and any other requirements.

What guns can felons own in Florida?

In Florida, a convicted felon is prohibited from owning any firearm unless his or her gun rights have been restored. This includes hunting rifles and other long guns. The only exception is for guns that qualify as antiques under Florida law. That means the gun was manufactured in 1918 or earlier, ammunition for it is no longer manufactured in the U.S. and ammunition is not readily available through other channels. 

To learn more about how you may be able to get your gun possession rights reinstated after a felony conviction, talk with a Jacksonville attorney.

Can a felon live in a house with guns in Florida?

Florida law doesn’t prohibit a felon from sharing a home with someone else who legally owns guns, or someone who lives with a convicted felon from owning firearms. But, choosing to do so is risky and may result in further incarceration. As such, it is always advisable for someone who is no longer allowed to own or possess firearms under Florida law to steer clear of the presence of all firearms. Having said that, there may still be avenues for a person without the rights to possess a firearm to live with someone who owns firearms, but such action should only be taken with great care and after consultation with an experienced and knowledgeable criminal defense attorney.

What is a weapons violation?

“Weapons violation” isn’t a specific crime in Florida. In the Florida Uniform Crime Reports, the term is used to describe a violation of any “prohibiting the manufacture, sale, purchase, transportation, possession, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.” 

Can I buy or possess a firearm if there’s a restraining order against me?

This is another legal question that isn’t quite as straightforward to answer as it might seem. The easiest way to have this question answered is to look at the actual language within the injunction itself. Such an order by a Court will specifically state whether an individual is prohibited from possessing firearms. Additionally, under Florida law, a person who is subject to a Permanent Injunction Against Domestic Violence is prohibited from possessing a gun or ammunition.