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Possession of a Weapon


Under Florida law, the manufacture, possession, use, or display of a weapon is highly regulated, particularly in dealing with firearms. The phrase “weapons crime” refers to a broad category of crimes that can involve weapons as varied as baseball bats and knives to guns and bombs. Frequently these crimes can draw greater public attention, particularly in today’s climate, where much attention has been drawn to public shootings and cases involving self-defense with a weapon. As a result, the police are more likely take things very seriously when it comes to making arrests for weapon-related crimes.

People convicted of weapon crimes can face long prison sentences, potentially involving minimum mandatory sentences, which means that the judge has no discretion at sentencing and that the sentence will be served day-for-day. Moreover, if convicted you may never be able to lawfully posses a firearm, lose your driving privileges, and many other civil rights. At Prestia Holtz P.A., our mission is to help you avoid these life-altering, devastating, and embarrassing penalties. If you are facing charges alleging that you have done something with a weapon, contact us today for a free case evaluation by one of our experienced criminal defense lawyers.

What are some common weapons crimes charged in Florida?
Some of the more commonly charged weapons crimes include:

  • False bomb threats
  • Manufacturing firearms
  • Discharging a firearm in public
  • Illegal possession of a firearm
  • Selling and delivering firearms without a license
  • Carrying a concealed firearm with out a permit
  • Openly carrying a firearm
  • Brandishing a firearm
  • Improper exhibition of a firearm or weapon
  • Using a weapon while under the influence of alcohol or drugs
  • Using a weapon of mass destruction
  • Juvenile weapon offenses

Additionally, many other crimes are enhanced if a weapon, particularly a firearm, is used when the crime is committed. These enhancements can include mandatory minimum prison sentences and thousands of dollars in fines.

The right to bear arms is not absolute. The government has placed many restrictions on who can carry a weapon and when, where, and how that weapon may be carried. Some of those restrictions are based on the type of weapon. Others are based on age or some other characteristic of the person. Examples include: it is illegal in Florida to carry a concealed weapon without a permit; it is also illegal for a convicted felon to posses a firearm or ammunition; and it is illegal to sell a firearm to person under the age of 18.