Florida's gun laws are strict, they change often, and they carry mandatory minimums that take sentencing out of the judge's hands. The facts of how a firearm was carried or possessed decide these cases, and those facts are worth fighting over.
Call 904-383-7448Florida's weapons offenses range from carrying charges under section 790.01, Florida Statutes, to the serious felony of a convicted felon possessing a firearm under section 790.23. On top of those, when a gun is used in another felony, Florida's 10-20-Life law adds mandatory prison time that a judge cannot reduce. Because the law on carrying has shifted in recent years, the first task in any weapons case is to confirm exactly what the law required on the date of the alleged offense.
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Section 790.01 addresses the carrying of concealed weapons and concealed firearms. Florida law in this area has changed significantly in recent years, including changes to when a license is required to carry a concealed firearm, so whether a particular way of carrying was lawful depends on the statute in force at the time and on the specific facts. That is not a detail to gloss over. A defense should always check the controlling version of the law for the date in question rather than rely on an out-of-date understanding of what Florida permits. Beyond concealed carry, Chapter 790 of the Florida Statutes contains a number of related offenses, including improper exhibition of a weapon, possession in prohibited places such as schools, and the unlawful discharge of a firearm. Each has its own elements, and each can be tested.
One of the most serious weapons charges in Florida is possession of a firearm by a convicted felon. Section 790.23 makes it generally unlawful for a person who has been convicted of a felony to own or to have in their care, custody, possession, or control any firearm, ammunition, or electric weapon. This is a second-degree felony, carrying up to fifteen years under section 775.082, Florida Statutes, with fines under section 775.083, and certain prior records can bring a mandatory minimum term into play. The heart of many of these cases is the word "possession." Florida recognizes both actual possession, where the firearm is on the person, and constructive possession, where the firearm is somewhere the person has the ability and intent to control. Constructive possession cases, where a gun is found in a shared car or a shared home, are often genuinely contestable, because the State must prove the person both knew the firearm was there and had the ability to control it.
When a firearm is used in the course of another felony, Florida's 10-20-Life law, section 775.087, Florida Statutes, imposes mandatory minimum prison terms on top of the underlying offense. In broad terms, carrying a firearm during a qualifying felony carries a ten-year mandatory minimum, discharging it carries a twenty-year minimum, and discharging it and causing great bodily harm or death carries a minimum of twenty-five years up to life. The qualifying felonies include offenses such as robbery, aggravated battery, aggravated assault, and burglary. What makes 10-20-Life so consequential is that the minimum is mandatory; the judge must impose it and cannot suspend or reduce it. That is why a firearm allegation reshapes a case. A defense examines whether a firearm was actually possessed, whether it meets the statutory definition, whether it was discharged, and whether the State can prove the person, rather than a codefendant, was the one who carried or used it.
Most firearm prosecutions begin with a stop, a search, or a seizure, and that is often the best place to push back. If the stop lacked reasonable suspicion, if the search exceeded its lawful scope, or if there was no warrant where one was needed, a motion to suppress can keep the firearm out of evidence, and a suppressed gun is frequently the end of the case. Where possession is constructive, the defense tests the State's proof that the person knew of the firearm and could control it. Where 10-20-Life is alleged, the defense scrutinizes every fact that drives the mandatory minimum. Because these cases combine fast-moving constitutional issues with severe mandatory penalties, getting a lawyer involved early, before statements are given and evidence is lost, makes a real difference.
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It depends on how it is carried and on the law in effect. Section 790.01 governs concealed carry, and Florida's rules have changed in recent years, so whether a given way of carrying is lawful depends on the current statute and the facts. The controlling law should be confirmed for the date of the offense.
Under section 790.23, it is generally unlawful for a convicted felon to possess a firearm, ammunition, or an electric weapon. It is a second-degree felony, up to fifteen years, and some prior records trigger a mandatory minimum. The defense often turns on whether the person actually possessed the gun.
It is Florida's mandatory-minimum firearm law. When a gun is carried, discharged, or causes injury during certain felonies, the court must impose minimum terms: roughly ten years for carrying, twenty for discharging, and twenty-five to life for causing serious injury or death. These run on top of the underlying sentence.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties