Key Largo Gun Crime Defense Attorney

Knowledgeable Gun Crime Lawyers Defending Against Firearm Charges in Key Largo, FL

The laws related to firearms in Florida are complex. There are some cases where people who believe they are following the law could face serious criminal charges when they did not realize they had done anything wrong. There are a variety of restrictions that apply to the possession and use of guns, and people who are charged with violating these laws may face large fines, lengthy prison sentences, and other penalties.

The lawyers at Keys Criminal Defense, PLLC can help people in Key Largo and across the Florida Keys address charges of gun crimes. We work to protect our clients' Second Amendment rights, and we can help them address accusations of crimes involving gun possession, discharging firearms, carrying guns in prohibited locations, and other types of charges. Our goal is to help clients avoid criminal convictions, limit the penalties they may face, and make sure they can continue owning and possessing guns.

Carrying a Concealed Firearm Without Meeting Legal Requirements

Florida residents can apply for concealed weapons licenses, and adults in the state are generally allowed to carry concealed firearms without a permit. However, there are certain restrictions that may apply. A person who does not meet the eligibility requirements to apply for a concealed carry permit is not allowed to carry a concealed weapon. If a person who is prohibited from doing so carries a concealed firearm, they could be charged with a third-degree felony.

Carrying or Brandishing a Firearm in Public

Florida law allows people to carry concealed firearms, and the open carrying of guns is permitted in public locations where carrying firearms is not restricted. However, if a person displays a gun in a way that is considered to be rude, aggressive, threatening, or careless without acting in self-defense, they could be charged with a first-degree misdemeanor.

Carrying a Firearm at a School

To protect the safety of children, guns are generally prohibited at schools or school events. The possession of a firearm on the grounds of a school or at any event related to a school, such as a sports game, is a third-degree felony. A person who fires a gun on the grounds of a school or in any location within 1,000 feet of school property or a school activity may face second-degree felony charges.

The penalties for gun crimes at schools are serious due to the risks of school shootings. In cases where these shootings are carried out by children, parents or others may face criminal charges for failing to prevent children from accessing firearms. A person who is accused of leaving a loaded gun in a location where it could be accessed by a minor and failing to secure the gun correctly could face second-degree misdemeanor charges.

Illegal Discharge of a Firearm

A person may be charged with a criminal offense if they allegedly discharged a firearm in public or on residential property. Exceptions may apply in cases where a person was acting in self-defense. In most cases, this offense is a first-degree misdemeanor. However, a person who is accused of firing a gun from inside a vehicle could face second-degree felony charges.

Possession of Prohibited Firearms

Some types of guns and other weapons are prohibited under Florida law, including machine guns and shotguns or rifles that have been modified with short barrels. Florida law has also prohibited "bump stocks" that people may use to modify semiautomatic weapons to be similar to machine guns. Possession of a bump stock is a third-degree felony.

Possession of a Firearm by a Convicted Felon

After a person is convicted of a felony offense, they will not be allowed to own or possess a gun or ammunition. Most of the time, this restriction will apply for life. People convicted of felonies or any offenses with prison terms of more than one year in other states will not be allowed to possess guns in Florida. A felon in possession of a firearm may face second-degree felony charges.

Possession of a Firearm While Under a Domestic Violence Injunction

When a person has been accused of domestic violence, a court may put an injunction or restraining order in place that is meant to prevent any future acts of violence or abuse. These injunctions will typically require a person to surrender any firearms in their possession to law enforcement, and they will not be allowed to possess or use guns while an injunction is in effect. A person who violates an injunction by possessing a firearm may be charged with a first-degree misdemeanor.

Using a Firearm While Intoxicated

It is illegal for a person to use a gun while intoxicated by alcohol or a controlled substance. Impairment by drugs or alcohol can create a serious risk of harm when a person uses a firearm. Criminal charges may apply if a person fires a gun or has a gun in an easily accessible location while they are under the influence. In these cases, a person may be charged with a second-degree misdemeanor.

Contact Our Key Largo, FL Gun Crimes Lawyers

People in Florida may be unaware of certain restrictions that apply to the possession or use of firearms. They may believe that they are carrying a gun legally without realizing that they have violated the law. Whether a person has been charged with an offense related to the possession of a gun, carrying a firearm in a prohibited location, firing a gun in a way that put others at risk, or violating another law related to firearms, the lawyers at Keys Criminal Defense, PLLC can provide guidance on the options for defense that may be available. We will work to protect our clients' rights while we defend against criminal convictions. Contact our Key Largo, Florida firearm crimes defense attorneys at 305-324-7888 to schedule a free consultation.