Weapons and Firearms Charges

Gun control is probably one of the most controversial issues in the Unites States right now. The Right to Bear Arms is granted by both the United States and Florida Constitutions.

While the Second Amendment guarantees that the right to bear arms shall not be abridged or unduly burdened, the States may regulate how firearms are administered, the process of acquiring one, and ensuring the safe and secure use of guns.

Such reasonable restriction means that the government can criminally prosecute any weapons or firearms violations.

Attorney for Weapons Charges in Fort Lauderdale, FL

You have the right to bear arms, but only under certain circumstances. If you or someone you know has been arrested for weapons or firearms charges in Broward County, Florida, then contact the experienced criminal defense attorneys at Bacchus & Navarro Law Group.

Understanding how you may be criminally charged for open carry, as a felon in possession of a firearm, or for possession of an illegal weapon can be an invaluable asset to your criminal case. Our attorneys advocate tirelessly for the rights of criminal defendants and firmly believe in a fair process.

The attorneys at Bacchus & Navarro Law Group have extensive experience defending weapons charges throughout South Florida, and at the Federal level in the United States District Court for the Southern District of Florida. Our attorneys take cases throughout the Miami-metropolitan area in cities like West Palm Beach, Fort Lauderdale, LaBelle, Miami, and East Naples, Florida.

Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. Individuals with potential firearms charges in Broward County, Hendry County, Palm Beach County, or Miami-Dade County should contact our office immediately before speaking with law enforcement.

Call (954) 500-5555 for more information about how our office can help.


Broward County Weapons and Firearms Charges Information Center


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Unlicensed Carrying of Concealed Weapons in Florida

In Florida, in order to legally carry a concealed weapon, one must obtain a concealed weapons permit. Carrying a concealed firearm in Florida without a permit is illegal. Accordingly, the Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified under Chapter 790 of the Florida Statutes.

The licensee must carry the license together with valid identification at all times in which the licensee is in actual possession of the concealed weapon or firearm. 

Violation of Fla. Stat. § 790.01 is a first-degree misdemeanor, punishable by up to one year in jail and up to $1,000 fines.


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Possession of a Firearm by a Felon

Florida law, under certain circumstances, may also regulate who may carry a concealed weapon. Persons convicted of a felony are generally ineligible to carry a concealed weapon in Florida.

According to Florida Statute § 790.23, it is unlawful for any person to own or to have in his or her custody, care, possession, or control any firearm, ammunition, electric weapon device, or to carry a concealed weapon including tear gas, chemical weapon or device if that person has been convicted of a felony in the courts of Florida, or has been found to have committed a delinquent act that would be a felony if committed by an adult and the person is under 24 years old.

Florida law does allow, however, for an individual who was a convicted felon to have his or her rights restored.

If an individual is convicted of carrying a concealed weapon as a convicted felon, then he or she is guilty of a second-degree felony, punishable by up to fifteen (15) years in prison and up to $10,000 fines.


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Open Carry in Florida

A topic of interest in the gun control conversation is open carry. That is, the ability to display, in a non-threatening manner, a firearm. In Florida, under Statute § 790.053, it is unlawful for any person to openly carry on or about his or her person any firearm or electronic weapon.

It is not illegal, however, for a person who is licensed to carry a firearm under Fla. Stat. § 790.06, to briefly and openly display the firearm to the ordinary sight of another person, as long as the individual does so in a non-threatening or angry manner.

For purposes of this statute, a concealed weapon does not include a chemical spray like a nonlethal stun gun, dart-firing stun guns, or pepper spray used for self-defense.  

An individual who openly carries a concealed weapon commits a second-degree misdemeanor, punishable by up to sixty (60) days in jail and up to $500 fines.


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Other Weapons and Firearms Charges in Florida

Florida law regulates and controls how firearms are used and distributed in multiple ways, whether it is requiring individuals to possess a license, regulating who may carry a firearm, or where firearms may be carried, as long as the laws are within reason a State may regulate. Some of the most common weapon and firearm crimes in Florida include the following:

  • Sale and Delivery of Firearms -- § 790.065;
  • Persons Engaged in Criminal Offense -- § 790.07;
  • Improper Exhibition of a Firearm -- § 790.10;
  • Possession of a Firearm on School or Religious Grounds -- § 790.115
  • Use of a Firearm while Intoxicated -- § 790.153;
  • Sale or Transfer of Firearms to Minors -- § 790.17

Right to Bear Arms Revoked

Despite popular opinion about the Right to Bear Arms under the Second Amendment, there are many situations that can cause an individual's right to bear arms to be revoked. The U.S. and Florida Constitutions recognize that the right to bear arms is not without its limits.

The most common occurrence for a revocation of a right to bear arms is a felony conviction. Unless a convicted felon has his or hers rights restored, he or she cannot legally possess a concealed weapon in the United States.


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Additional Resources

Fla. Stat. § 790.01 – Visit Online Sunshine for more information about the Florida Statutes for unlicensed carrying of a concealed firearm. The Statute explains the charges, who may be charged, and the penalties associated with being convicted of carrying a concealed firearm without a license in Florida.

NRA –Gun Legalization – Visit the NRA-IRA. The Institute for Legislative Action (ILA) is the lobbying arm of the NRA. Visit their website for more information on gun laws in Florida, along with upcoming legislation for gun regulation in the State.


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Find a Lawyer for Weapons Charges in Broward County, FL

If you or someone you know has been charged with carrying a concealed weapon without a license, then contact Bacchus & Navarro Law Group. Our lawyers are experienced and can advise you on how to handle any kinds of weapons charges in the State of Florida.

Moreover, if you or someone you know has had your firearm's rights provoked and is interested in having those rights restored, then contact our attorneys. We take cases throughout the Miami-metropolitan area in cities like East Naples, Miami, West Palm Beach, Fort Lauderdale, and LaBelle, Florida at 401 E. Las Olas Blvd. Southeast 3rd Ave, in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. Individuals with potential firearms charges in Broward County, Hendry County, Palm Beach County, or Miami-Dade County should contact our office immediately before speaking with law enforcement.

Call (954) 500-5555 for more information about how our office can help.

This article was last updated on June 7, 2017.


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