Your Rights and the Law for Gun Offenses in Florida

Florida has some of the most discussed gun laws in the country. With recent changes to concealed carry regulations and strict penalties for violations, it’s crucial to understand your rights and responsibilities. Whether you’re a gun owner or considering becoming one, knowing the laws will help you stay on the right side of the law and protect your freedom.

Prohibition for Felons

In Florida, the law is clear: if you have been convicted of a felony, owning or possessing a firearm isn’t just a bad idea-it’s illegal. Under Florida Statute 790.23, felons found with firearms face severe penalties, including up to 15 years in prison and a $10,000 fine. This law applies across the board to all firearms, whether it’s a compact handgun or a long rifle, and it doesn’t matter if the felony conviction occurred in Florida or another state. The message is straightforward: felon possession of a firearm equals substantial risk.

Changes in Concealed Weapons Laws

Florida’s recent shift to “constitutional carry” marks a significant change in how residents can carry concealed weapons. As of July 1, 2023, adults over 21 who legally own a gun can carry it concealed in most public places without needing a permit. But don’t let the absence of a permit requirement mislead you. Not everyone is allowed to carry a concealed weapon, and legal ownership doesn’t automatically grant carrying rights. Places like schools and government buildings remain off-limits, and the ban on open carry still stands. Furthermore, law enforcement may request identification to verify your age and legal status, ensuring compliance with the law.

Despite the relaxed regulations, some individuals are still prohibited from carrying firearms under the new law. These include:

Convicted felons

• Individuals with specific mental health conditions
• Those under domestic violence restraining orders
• Individuals addicted to controlled substances
• Non-U.S. citizens (with some exceptions for legal residents)
• Anyone under the age of 21

Potential Penalties for Gun Offenses

Violating Florida’s gun laws can lead to severe consequences. The penalties vary widely, from fines and probation to significant time behind bars, particularly for more serious offenses or those involving violence. For example, a felon caught with a firearm might face up to 15 years in prison-a life-changing sentence for a life-threatening risk.

Legal Implications of Gun Charges

Beyond immediate penalties, facing gun charges in Florida can have long-term legal and social consequences. A conviction can affect employment opportunities, voting rights, and even housing options. For those seeking to understand or mitigate these impacts, it’s important to stay informed about the legal provisions and possible outcomes of gun-related charges.

If you face charges related to gun offenses or have questions about your ability to carry or own a firearm, it’s necessary to consult with legal counsel. If you need clarity on your rights and responsibilities as a gun owner, the Petkovich Law Firm can provide the guidance and representation you need. Reach out today at (305) 358-8003 to ensure that your rights are protected and your questions answered.