Charged with illegal possession of a firearm?
Keep reading – this is a serious charge and one you shouldn’t take lightly – especially if there were other crimes you were charged with. Illegal gun possession charges in West Palm Beach, and Florida in general, can carry serious legal consequences. Understanding the laws surrounding these charges is important.
Here are key points you should know:
There are a few types of illegal gun possession charges
- Felon in Possession: It is illegal for convicted felons to possess firearms in Florida.
- Unlicensed Carry: Carrying a concealed firearm without a proper license is illegal.
- Possession in Prohibited Areas: Even with a license, carrying a firearm in certain places like schools, courthouses, or bars is prohibited.
- Underage Possession: Individuals under 18 are generally not allowed to possess firearms, with some exceptions.
What are the penalties for illegal gun possession in Florida?
Penalties are based on a few factors, including:
- Felony Charges: Most illegal possession charges are felonies, which can result in severe penalties, including imprisonment. Remember – felony charges are more serious than misdemeanors.
- Minimum Mandatory Sentences: Florida imposes minimum mandatory sentences for certain gun-related offenses, particularly if a firearm was used in the commission of another crime.
- Aggravating Factors: Penalties can be enhanced if the firearm was used in connection with another crime, or if the possession occurred in a designated “Gun-Free School Zone.”
So, what are some possible defenses to gun possession charges?
Here are a few possible defenses you and your attorney may use. There may also be others depending on the details and circumstances of your case.
- Lack of Knowledge: If you were unaware of the gun’s presence, this could be a defense.
Improper Search and Seizure: If law enforcement violated your Fourth Amendment rights during the search, evidence of the gun might be suppressed. - Valid License: If you had a valid concealed carry permit, this could be a defense depending on the circumstances of the charge.
- Mistaken Identity: In cases where the gun was found in a shared space, proving that the firearm didn’t belong to you can be a defense.
Florida’s 10-20-Life Law
The state of Florida doesn’t mess around when it’s determined that a gun was used during the commission of a felony. Sentences can be significant. Florida’s 10-20-Life law imposes mandatory minimum sentences for crimes involving a firearm:
- 10 years for possessing a firearm during certain felonies.
- 20 years for firing a firearm during a felony.
- 25 years to life if someone is injured or killed.
Were the charges Federal or State charges?
Here is where things can get complicated. If you’re facing Federal charges, the consequences of your actions can be much worse and more difficult to deal with.
- Federal Charges: If the illegal possession charge involves crossing state lines or certain other federal concerns, you could face federal prosecution, which often carries harsher penalties.
- State Charges: Most illegal gun possession charges in Florida are prosecuted under state law.
Experienced legal representation is important
Due to the complexity of gun laws and the severity of the penalties, it’s crucial to have legal representation if you’re facing these charges.
A lawyer might be able to negotiate a plea bargain or reduced charges, depending on the circumstances.
Are you eligible for the restoration of your gun rights?
Convicted felons in Florida can apply to have their civil rights, including gun rights, restored through a lengthy process that often involves the Florida Executive Clemency Board.
Illegal gun possession charges in Florida are serious and can lead to significant legal consequences, including lengthy prison sentences.
If you’re facing such charges, it’s important to understand the laws, potential penalties, and the importance of securing competent legal representation to help navigate the situation.
What are a few common examples of how I might be in illegal possession of a firearm?
It doesn’t take too much imagination to think of this scenario happening.
You’re driving home late at night, maybe from Boca Raton to Delray Beach, when you see flashing lights in your rearview mirror. A police officer pulls you over for a broken taillight.
As you’re handing over your license and registration, the officer asks if you have any weapons in the car. Nervously, you admit that there’s a handgun in the glove compartment.
The officer asks you to step out of the vehicle and checks the glove compartment, finding the gun. You explain that you keep it for protection, but the officer determines you’re underage or have a previous felony conviction. You’re placed under arrest for illegal possession of a firearm.
In court, the reality of facing serious charges without understanding the law fully hits you. You realize the complexity of your situation, wishing you had professional legal help to navigate the consequences.
Here are three common examples of how someone might be in illegal possession of a firearm:
Possession by a convicted felon
Example: You have a prior felony conviction and are found in possession of a firearm, even if it’s in your home or vehicle. Under Florida law, it is illegal for convicted felons to own or possess firearms or ammunition unless their civil rights, including the right to possess firearms, have been restored.
Possession of a firearm in a prohibited area
Example: You are carrying a firearm in a location where guns are not allowed, such as a school, courthouse, or bar. Even if you have a valid concealed carry license, Florida law prohibits carrying firearms in certain places, and doing so can result in an illegal possession charge.
In each of these situations, the possession of the firearm is illegal under Florida law and could result in serious legal consequences.
Do I need a license or permit to have a concealed carry?
Starting July 1, 2023, new legislation took effect in the state of Florida which authorizes a person to carry a concealed weapon or firearm pursuant to a valid concealed weapons license or without a concealed weapons license provided that the criteria for obtaining a license is met.
What are those “permitless carry” requirements?
A person must meet these eligibility requirements
A person is eligible for a concealed firearms license, and under the new law may carry without a Concealed Weapons License (CWL), if he or she satisfies all of the following requirements:
- Must carry a government issued ID (e.g. REAL ID) and display it upon demand by an officer;
- Must be a United States resident and citizen or hold a permanent resident status;
- Must be 21 years of age or older;
- Does not have any physical ailments preventing the safe handling of a weapon or firearm;
- Not prohibited from purchasing or possessing a firearm as a result of a prior conviction for a felony offense or other provision of Florida or federal law or set by the court system;
- Has not been committed under Florida State Statutes, Chapter 397, for abusing a controlled substance;
- Does not chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired;
- Not in possession of drugs / controlled substance while actively carrying a concealed weapon;
- Has not been adjudicated an incapacitated person in a guardianship proceeding;
- Has not been committed to a mental institution under Florida State Statute, Chapter 394;
- Has not had an adjudication of guilt withheld or imposition of sentence suspended on any felony or one or more misdemeanor crimes of violence, unless three years have lapsed since probation or any other conditions set by court have been fulfilled or the record has been expunged;
- Does not have current injunctions in force for domestic or repeat violence
And must not carry in prohibited locations
Additionally, a person authorized to carry a weapon or firearm without a CWL may not carry the firearm or weapon in any location where a person with a CWL is not authorized to carry it. A violation is punishable as a second-degree misdemeanor.
The locations include:
- Any place of nuisance as defined in section 823.05.
- Any police, sheriff, or Highway Patrol station;
- Any detention facility, prison or jail;
- Any courthouse; any courtroom, except that a judge may carry a concealed weapon and determine who may carry a concealed weapon in the courtroom;
- Any polling place;
- Any meeting of the governing body of a county, public school district, municipality, or special district;
- Any meeting of the legislature or a legislative committee;
- Any school, college, or professional athletic event not related to firearms;
- Any elementary or secondary school facility or administration building;
- Any career center;
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted for that purpose;
- Any college or university facility unless the holder is a registered student, employee, or faculty member of the college or university and the weapon is a stun gun or nonlethal electric weapon, or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
- The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; or
- Any place where the carrying of firearms is prohibited by federal law.
Possess a gun illegally and you will face the consequences.
If you had a gun and were not supposed to – or used a weapon while committing a crime – your next steps won’t be easy.
The consequences are severe and can have long-lasting impacts on your life. You definitely want to seek the appropriate legal counsel if charged.
If you were charged with illegal gun possession in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.