Gun and weapons charges may not seem particularly bad, but they can result in years or even decades in prison if not taken seriously. The Sarasota & Bradenton criminal defense attorneys at Van Elswyk Law, LLC can help protect your rights from these charges.
Do not wait to act if you have been arrested for any type of gun and weapons charges. A conviction can have a devastating effect on the rest of your life. Contact our Florida law firm today to consult with an experienced lawyer who will explain your rights and options.
Gun and Weapons Charges in Florida for Buying, Concealing, and Carrying Weapons
Florida has extremely lax gun laws. This means that it is difficult to get arrested for weapons charges in the state. However, that does not mean there are no regulations.
In Florida, you can freely purchase almost any type of gun from an authorized dealer, but unless you have a concealed weapon license, there is a three to five-day waiting period. You can be charged with a crime if you try to get around that waiting period.
Once you purchase a weapon, you are not required to register the weapon and do not need a permit to possess it. You can also carry a concealed weapon without a permit. However, if you wish to openly carry a pistol, you must get a permit. Openly carrying a pistol without the proper permit can result in weapons charges.
Finally, there are places where you cannot carry a weapon. For example, you cannot legally carry a weapon in government buildings or on school grounds.
You also cannot carry a weapon in any business or home where you have been explicitly told not to carry a firearm or a sign is posted prohibiting the carry of firearms. At a minimum, this will result in trespassing charges and may result in more serious charges in some locations.
Gun and Weapons Charges Related to Other Charges
If you walk up to someone on the street and threaten to harm them, you are committing the crime of assault. However, if you are holding a firearm while doing it, the consequences of that charge are more significant.
As a rule of thumb, if you use a firearm in furtherance of a crime, that will increase the severity of the charges and the penalties for that crime. This applies to crimes like:
- Assault
- Battery
- Kidnapping
- Theft
- Various drug charges
If you have been charged with using a firearm in furtherance of another crime, you could potentially be facing decades in prison. Our legal team will fight to help you keep your freedom.
Federal Gun and Weapons Charges
Federal gun laws are different than state gun laws. The federal government can potentially charge you with a crime that is not a crime in Florida. Typically, the federal government has authority in any situation that involves interstate commerce.
Courts have allowed authorities to apply a rather loose definition of interstate commerce. This means that unless your gun and the ammo were manufactured in Florida, you probably are subject to federal laws.
How a Criminal Defense Attorney Can Help You With Gun and Weapons Charges
The first thing you should do if you are arrested for a gun or weapons charge is to contact a criminal defense lawyer. As soon as you are represented by an attorney (technically, as soon as you ask to speak to a lawyer), the police must stop questioning you. This is important for your defense.
Anything you say to the police can potentially be used against you in court. Our attorneys will take every legal action to limit what evidence prosecutors can use against you at trial.
We will stop any interrogation and investigate whether the police respected your rights when investigating and arresting you. If they violated your rights in any way, we will petition the courts for a mistrial or for evidence not to be allowed in court.
Typically, we prefer for a case to never go to trial. We try to get charges dismissed whenever possible. When that is not possible, we will attempt to negotiate a plea deal that involves reduced charges and, most importantly, reduced penalties. Usually, if we can get charges reduced to misdemeanors and penalties reduced to just fines or probation, that is an acceptable result.
Contact a Criminal Defense Attorney at Our Law Firm Today
Getting convicted of even a single felony can have a devastating effect on your life. Gun and weapons charges are often felony charges. A criminal defense lawyer from our law firm can help you avoid the most serious penalties of these charges and may even be able to get them dismissed.
Contact Van Elswyk Law, LLC, immediately after an arrest to consult with an experienced attorney serving Sarasota & Bradenton.