When Is It Unlawful to Possess a Gun in Florida?

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Are you facing criminal charges in Florida in connection with the possession of a gun? It can be unlawful to possess or carry a firearm based on something specific to the person (such as a prior criminal record), or by carrying a gun in a particular place where it is not permitted. Our Florida firearm and weapons charges defense attorneys can provide you with more information about the unlawful possession or carry of firearms in the Tampa area, and we can begin working with you today on a defense strategy if you are facing charges. Consider the following information and then get in touch with our firm for assistance with your defense.

Persons Who Cannot Lawfully Possess or Carry Firearms in Florida

Under Chapter 790 of the Florida Statutes, it is unlawful for any of the following individuals to possess firearms and ammunition, or to engage in concealed carry:

  • Person convicted of a felony in Florida;
  • Person convicted of a felony in another state or country that was punishable by a term of imprisonment for more than one year;
  • Person who is under the age of 24 and found to have committed a delinquent act that would have been a felony offense if the person had been an adult;
  • Person convicted of a crime against the United States that is designated as a felony offense;
  • Person subject to a domestic violence injunction;
  • Person determined to be a “violent career criminal” under Florida law; and
  • Minor under the age of 21.

Places Where Possession or Concealed Carry is Unlawful

In addition to the Florida Statutes restricting who can lawfully possess or carry a firearm, there are also laws that restrict the carry — and in particular concealed carry — of guns in certain locations, even if it is otherwise lawful for the person to possess or carry the firearm. You cannot openly carry, or carry a concealed weapon or firearm, in any of the following places:

  • Police or law enforcement station;
  • Prison, jail, or other detention facility;
  • Courthouse;
  • Courtroom;
  • Polling place;
  • Government meeting;
  • School, college, or professional athletic event;
  • Elementary or secondary school or administrative building;
  • Career center;
  • Alcoholic beverage establishment;
  • College or university facility (with exceptions for particular weapons for students, faculty, and other employees); and
  • Airport terminals.

Contact a Tampa Criminal Defense Attorney for Help Defending Against Firearm Possession Charges in Florida 

While Florida does not have substantial restrictions on firearm ownership and possession broadly speaking, there are various reasons in which it may be unlawful for a person to possess a firearm, and even if a specific individual is lawfully permitted to own and possess a firearm, it may be unlawful to do so in a certain manner or in a particular location. If you are facing criminal charges for the possession of a firearm in any capacity, it is essential to seek legal help with your defense as soon as possible. An experienced Tampa firearm and weapons charges defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today about the criminal charges you are facing and can begin working with you to develop a defense that is tailored to the specific facts of your case.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.23.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html