Weapons Violation Serving Families Throughout Jacksonville For Over 25 Years

Weapons Offense Attorney in Jacksonville

Defense Against Weapons Violations in Florida

Are you facing weapons charges in Jacksonville? If so, it’s important to protect your rights under the Second Amendment and Article 1, Section 8 of the Florida Constitution. Even though Florida has generous gun laws compared to other states, for example, citizens are NOT required to register their firearms, the penalties for violating one of the state’s gun laws can be severe and have life-altering consequences.

All Floridians should be aware that if they commit a crime and they use a firearm while committing the offense, they can face enhanced penalties. Under Section 775.087(1) of the Florida Statutes, whenever someone is charged with a felony offense, and during the commission of the crime they carry, display, use, threaten to use, or attempts to use a firearm, the crime will be elevated as follows:

A felony of the first degree will be elevated to a life felony
A felony of the second degree will be elevated to a first degree felony
A felony of the third degree will be elevated to a felony of the second degree

Prohibited Possessors in Florida

There are laws in place at both the federal and state levels to prevent certain individuals from gaining possession of firearms. These laws are in place for two reasons: to prevent violence and to punish criminals. Federally speaking, a person would be prohibited from gun ownership if they:

Have a felony conviction
Have been convicted of certain domestic violence crimes that are classified as misdemeanors
Have court orders due to domestic violence cases or grave mental illnesses

The state of Florida does not allow people to purchase or possess firearms if they:

Have any felony convictions or if they are younger than 24 and have been convicted of a crime that would be a felony if committed by someone older than 24
Have received a final injunction that is still in effect and intended to prevent that person from continuing to commit domestic violence
Are considered a violent career criminal under Florida law, which essentially means they have committed multiple felonies in a short amount of time
Have been legally considered mentally unwell (conserved people, prior mental institution stays, etc.)
Are under a protection order that specifically states they cannot possess or attempt to possess a firearm for the duration of the order

Florida recently legalized the use of marijuana for medical purposes. Because marijuana is still considered a controlled substance in Florida, people who use it (even legally for medical purposes) cannot ship, receive, or possess a firearm. It is also illegal to sell a firearm to anyone who uses controlled substances.

Gun Charges in Jacksonville, Florida

If someone is caught possessing or using a gun in an illegal manner in Florida, they can expect severe consequences. The consequences for such an act depend on the exact circumstances surrounding the crime as well as the nature of the crime, however, some of the potential charges include:

3^rd degree felony charges for carrying a concealed firearm without a license. 3^rd degree felony convictions can lead to a prison sentence of up to 5 years, and/or a fine of up to $5,000.
Up to 1 year in prison and/or a fine of up to $1,000 for improper exhibition of a firearm, which is when someone uses a firearm in a manner that is careless or threatening.
Up to 15 years in prison and/or a fine of up to $10,000 for possession of a firearm by someone who is a convicted felon.

Such charges have enhanced penalties if the weapon in question was used during a crime that had been commissioned:

If the person accused possessed a firearm, a mandatory minimum sentence of 10 years will be given
If that weapon was fired, the mandatory minimum sentence will be increased to 20 years
If the discharge of the weapon resulted in someone becoming injured or dying, the mandatory minimum sentence will be increased to 25 years in prison

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Why Pick Porter™ for Weapons Defense?

In the face of weapons charges, you need a strong legal defense. Our founding attorney, Jason K.S. Porter, Esquire has garnered a reputation for excellence in the field of criminal law. In the legal community, his peers have recognized him with the Martindale-Hubbell® AV Preeminent Rating®, and he has been awarded a 10.0 Superb Avvo Rating in criminal defense.

The above recognitions demonstrate Attorney Porter’s high standard of excellence in the legal field. Going further, with approximately 100 years of collective experience, our legal team stands ready to defend you against gun-related charges in Jacksonville.

Schedule your case evaluation – contact us online or call (904) 701-0591 today.

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"Bad things happen to good families and people” That is one of the first things Jason said to me and my son. The laws are set to protect us. However, the law can be black and white when there are several shades of grey. If a man has a beer in his own house after coming back from war but is only 20, should his dad be charged for contributing to the delinquency of a minor? Have you ever done something now looking back, it may not have been the best decision but nothing happened? That was not the case a few years ago to my family. A bad decision, one I am sure many of us have done in our younger days. A bad decision was made and it could have ruined a young man’s future. The courts are busy and things can fall through the cracks; I was making sure my son was not one of them. I knew Jason had worked for the District attorney’s office so he knew both sides of the law. He knew what the other side was going to do and say because he was there for many years. He prepared our family through each and every step. He made sure that we were proactive “getting ducks in a row” so to speak. If there was something mentioned, we had already taken care of it and showed no history and really no where for the other side to go. What could have been jail time ended up being a bump in the road. No one can promise anything is a sure thing. Jason did not make any promises he was not prepared to keep. He told us what normally happens, and what he was going to try for and he did. I rather have someone say there is a 70/30 chance than, “sure this is no problem, don’t worry about it”. We do worry about it. It is our lives or one of someone we love. Some cases may not be life or death, but they all are between a life that could be and a life that never will be. Jason understands that and approached it as if was his brother standing next to him. Every now and then, I will look at my son when eating dinner or something and think, if it was not for Jason and his group, I would have to visit my son to see him. I thanked God for Jason being there then, and have every day since.

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Mr. Porter and his staff are fantastic. They clearly explained the charges, potential outcomes and estimated timelines. They worked closely with me to tailor their services to my unique situation. The entire team demonstrated extensive knowledge of the law, flexibility, and responsiveness. These qualities helped put my mind at ease until they were able to get all charges against me dropped. I would highly recommend this law firm.

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