Weapon and Firearm Charges
It is a basic right of a United States citizen to “keep and bear Arms” according to the Second Amendment in the Bill of Rights. This right can’t be taken away. The right to have firearms and other weapons, however, can be regulated by each individual state in order to ensure the safety of its residents and visitors. Florida uses laws that guide proper exhibition, require concealed permits and forbid convicted felons who have not had their civil rights restored from owning a weapon or firearm.
A violation of these regulatory laws can be a serious offense. An experienced criminal defense lawyer serving Hernando County can fight against your firearm or weapons charge in Brooksville or the surrounding areas while constantly working to protect your rights – including your right to bear arms.
Attorney for Weapon and Firearm Crimes in Hernando County
Following the rules and regulations regarding your right to bear arms is key to keeping it. However, accidents and misunderstandings happen, and sometimes mistakes are made. If you have been charged with a weapon or firearm offense in Hernando County, Citrus County, Sumter County, or the surrounding areas, Ashley Aulls is a qualified criminal defense lawyer dedicated to meeting the defense needs of his clients and maintaining open communication with them.
With a family background laced with successful legal professionals and over 20 years of his own criminal defense experience, Ashley Aulls is committed to building a strong defense for your Brooksville area weapon or firearm case while educating you about each step in the process. To see what The Law Office of Ashley Aulls, P.A. can do for you and your case, call (352) 593-4115 today and schedule your consultation.
Florida Weapon and Firearm Charges Information Center
- Weapon and Firearm Offenses in Hernando County
- Penalties for Florida Weapon and Firearm Charges
- Florida Weapon and Firearm Charges Resource Center
In Florida, it is the Department of Agriculture and Consumer Services that provides regulatory and safety services for weapons and firearms – such as concealed handgun licenses (CHL). When seeking to own a firearm, even just for personal use on personal property, it is best to check with that department to see how to stay within your rights. State law, however, remains the ultimate regulator of weapons and firearms. Chapter 790 of the Florida Statutes governs weapons and firearms and what constitutes an offense. These offenses include:
- Carrying Concealed Weapons: Fla. Stat. § 790.01 – In Florida, to carry a concealed firearm or weapon, you must have a license for concealed carry or be eligible personnel, such as a police officer. Otherwise, carrying a concealed weapon on your person is a misdemeanor, and carrying a concealed firearm is a felony. Self-defense chemical sprays and nonlethal stun guns or electric devices can be concealed unless used in the commission of an offense.
- Possession of a Weapon without License: Fla. Stat. § 790.01 – Under the Second Amendment, it is lawful for a Floridian to have in his or her personal possession a firearm or other weapon, including lethal electric devices. This can be done without a license if the gun or weapon is kept on the owner’s private property. Once the weapon enters the public concealed on the person who has no license, then it is considered possession of a weapon without a license, which is punishable as a felony for a firearm and a misdemeanor for other weapons.
- Possession of a Weapon by a Felon: Fla. Stat. § 790.23 – It is against the law in Florida for a felon who has not had his or her civil rights restored to own or have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device. It is also an offense for a felon to carry a concealed weapon, including a tear gas gun, chemical weapon, or other device. By this statute, felon means:
- Convicted of a felony in Florida
- Adjudicated delinquent as a juvenile of a felony offense in Florida, is under 24
- Convicted of a federal felony offense
- Adjudicated delinquent as a juvenile of a felony offense in another state, territory, or country, is under 24
- Convicted of a felony in another state, territory, or country that is punishable by a prison sentence of more than one year
- Improper Exhibition of Dangerous Weapons or Firearms: Fla. Stat. § 790.10 – Improper exhibition is when any person having or carrying a dirk, sword, sword cane, firearm, electric weapon/device, or other person exhibits that weapon in a rude, careless, angry, or threatening manner in the presence of one or more persons. The only exception to this law is self-defense.
What penalties you may face for a firearm or weapon charge in Florida largely depends on the circumstances of the case, especially the type of weapon. For instance, improper exhibition of a dangerous weapon or firearm is a first-degree misdemeanor, while possession of any weapon by a felon is a second-degree felony. A first-degree misdemeanor is punishable by a maximum of a year in jail and a $1,000 fine and a second-degree felony comes with up to 15 years in prison and/or a fine of up to $10,000.
Both concealed carry of a weapon without authorization and possession of a weapon without a license are first-degree misdemeanors with penalties of up to a year in jail and/or up-to a $10,000 fine. Unauthorized concealed carry of a firearm and possession of a firearm without a license are third-degree felonies, which have a maximum punishment of five years in jail and $5,000 in fines. All of these offenses can significantly impact your life in a negative way, including removing your civil right to bear arms if this charge would be your first felony conviction. An experienced weapons charge defense lawyer can fight to protect your rights and your future from such a conviction.
Florida Open Carry – Florida Open Carry is a non-profit organization committed to protecting the right to bear arms for Floridians through the reformation of gun laws and other weapon laws. On their homepage, you can access forums to hear other people’s opinions, as well as follow their advocacy activity.
Florida Department of Agriculture, Division of Licensing – The responsibility of licensing firearms and other weapons in Florida is that of the Florida Department of Agriculture. This links to the Division of Licensing page on their website, where you can find out more about the concealed handgun license (CHL) in Florida.
National Rifle Association (NRA) – The NRA is a national non-profit organization whose mission is to reform gun laws at both the state and federal levels. One of the largest organizations of its kind, it provides education and training for American gun owners while endeavoring to protect the right to bear arms.
The Law Office of Ashley Aulls, P.A. | Hernando County Defense Attorney for Weapon and Firearm Charges
If you are facing a weapon or firearm charge in the Hernando County area, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, and Bushnell, contact The Law Office of Ashley Aulls, P.A. to begin planning your defense. When considering an attorney, it is best to contact him as soon as possible after your arrest. Ashley Aulls is an experienced criminal defense lawyer in Brooksville who maintains open communication with his clients and will be there when you need him. To schedule your consultation with The Law Office of Ashley Aulls, P.A., call (352) 593-4115 today.