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While the United States Constitution ostensibly grants all American citizens the right to “bear arms,” this does not prevent both federal and state-level authorities from placing significant limitations on that right. The Sunshine State is far from the most restrictive place in the country, but local law enforcement still takes gun-related criminal charges very seriously, and local prosecutors tend to push for strict sentences to be imposed on anyone convicted of such charges.
If you are facing any kind of criminal allegations related to your possession, purchase, sale, or use of a firearm, you should reach out to one of our Ponte Vedra Beach gun lawyers sooner rather than later. Acting quickly and proactively to construct a strong defense could be vital to protect your long-term interests in the face of such a charge, and the support of a seasoned defense attorney from the Law Offices of Jason K.S. Porter, P.A., could dramatically improve your chances of achieving a favorable case result.
Who Can Legally Purchase and Possess Firearms?
Under Title 18 U.S. Code § 922, it is illegal for anyone meeting any of the following conditions to lawfully own, possess, or purchase a firearm:
- Previously convicted of any felony offense or any misdemeanor crime of domestic violence
- Currently under indictment for a felony offense or a fugitive from justice
- Previously adjudicated by a court to be addicted to drugs or involuntarily committed to psychiatric treatment by a court
- Currently an illegal alien, or has formally renounced U.S. citizenship
- Previously discharged dishonorably from the U.S. armed forces
Under Florida state law, you must be at least 21 years old to purchase a handgun or 18 years old to purchase a rifle or shotgun, but there are no permitting or background check requirements for purchases. As a Ponte Vedra Beach gun defense attorney could further explain, there are permit requirements for carrying a concealed firearm, and there are also restrictions prohibiting state residents from carrying firearms (openly or concealed) onto certain types of property.
Contesting Common Gun-Related Criminal Charges
Unlawful possession of a firearm is generally treated as a felony in the state of Florida, although the severity of the charge in question can vary depending on the circumstances. For example, if you are convicted of being in possession of a firearm, you may face up to 15 years of prison time, commensurate with a second-degree felony offense. Meanwhile, a gun owner allowing a child under the age of 16 to access an improperly stored firearm is typically treated as a second-degree misdemeanor.
Brandishing a firearm in front of someone else can likewise be treated as a misdemeanor or potentially as a felony, depending on whether that brandishing occurred while you were allegedly committing another felony offense, such as robbery. Our firearm defense lawyers in Ponte Vedra Beach have extensive experience in fighting all types of gun charges, and we could make sure we tailor your defense strategy to your unique needs.
Speak With a Ponte Vedra Beach Gun Attorney About Your Legal Options
A firearm charge can result not only in steep fines and jail or prison time upon conviction, but potentially in you permanently losing your right to possess firearms in the future. Fortunately, you have the same right to proactively contest such allegations as anyone facing any other type of criminal charge, and you have help available in the form of capable legal counsel.
A Ponte Vedra Beach gun lawyer from our firm could be the ally you need to avoid legal roadblocks and to secure the best possible outcome in — or potentially even out — of court. Call Problems? Pick Porter today for a free consultation.