West Palm Beach Weapons and Firearms Offenses Attorney David W. Olson
Florida’s firearms and weapons laws are complex, extensive and detailed. An arrest for illegally possessing, carrying, concealing, brandishing, using or firing a weapon can potentially result in a felony or misdemeanor conviction and a prison sentence for many years. Effectively defending a weapons charge requires skilled legal representation from an experienced and qualified attorney who understands the subtleties of the numerous weapons statutes.
Attorney David W. Olson has more than 30 years of experience successfully representing clients accused of weapons violations and other serious crimes. In many instances, Attorney Olson has been able to get charges dismissed or reduced, particularly for first time offenders. Attorney Olson offers a free case review.
Florida’s Weapons and Firearms Laws – Concealed Weapons Permit Requirements
Under Chapter 790 of the Florida Statutes there are approximately 60 different statutes that cover virtually every conceivable weapons violation. It is important to note the following:
- The Dept. of Agriculture and Consumer Services is authorized to issue concealed weapons permits to qualified persons. 790.06
- A concealed weapon or firearm as stated in the statute includes the following: handgun, electronic weapon, tear gas gun, knife, billie.
Firearms Dealers, Background Checks, Eligibility Qualifications
Firearms dealers are required to conduct a background check prior to selling a firearm.
Eligibility requirements for a concealed weapons permit include, but are not limited to the following:
- 21 or older
- No prior felony convictions
- No domestic violence, misdemeanor violent crime convictions
- Must not have received 2 DUI convictions in Florida or in another state within the past three years
- No controlled substance violations within the preceding three years
- Must not be a chronic/habitual alcohol or drug user
- Must not have a physical infirmity preventing the safe handling of a firearm
- Not committed to a mental institution or adjudged mentally incompetent
- Must complete certified course and demonstrate competency to handle firearm
Firearm and Weapons Offenses
Common firearm offenses include, but certainly are not limited to, the following:
- Carrying a concealed weapon, Sec. 790.01
- Improper exhibition of a weapon, Sec.790.10
- Possession of a firearm by a convicted felon, Sec. 790.23
- Felony battery, domestic battery, Sec. 784.041 –
- Aggravated battery, Sec. 784.045
- Battery against a law enforcement official, Sec. 784.07
Potential penalties for weapons offenses vary greatly and may range from a misdemeanor to a life felony, depending on the specific circumstances. Considerations may include whether death, serious injury or no injury occurred. Discuss your case with a qualified and experienced attorney.
Illegally Carrying a Concealed Weapon
- 790.01 Carrying concealed weapons.—
- (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
- (4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
- (a) A self-defense chemical spray.
- (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
If you were charged with illegally carrying a concealed weapon, discuss your case only with your attorney. Remember: an arrest is not a conviction.
Use of a Weapon During the Commission of a Crime Increases Potential Penalties
Under Fl. Stat. 775.087, the use of a weapon or firearm during the commission of an offense will result in increased penalties:
- Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.—(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
Brandishing a Firearm or Public Display
It is illegal to publicly display a weapon in a dangerous manner, as detailed in the following statute:
790.10 Improper exhibition of dangerous weapons or firearms.— If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Illegally Carrying a Concealed Weapon
790.01 Carrying concealed weapons.
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Justifiable Use of Force
776.012 Use or threatened use of force in defense of person
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be
790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection
(1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Attorney David W. Olson, Representing Clients Accused of Weapons Offenses
The information above is provided for readers to get a better grasp at Florida’s complex weapons laws. An experienced and effective criminal defense attorney understands these laws, we well as how to zealously and effectively represent a client charged with a weapons violation.
If you were arrested for a weapons charge, it is crucial to obtain legal representation from an attorney who is intimately familiar with Florida’s weapon laws. Attorney Olson has represented thousands of clients charged with weapons offenses, drug crimes, violent crimes, theft offenses, DUI’s, assault, domestic violence, sex offenses, internet crimes and all other criminal offenses. Attorney Olson has been honored with numerous awards and accolades, including:
- AV Preeminent Peer Rating Award, a perfect 5.0 out of 5.0, for the “highest ethical standards and professional ability.”
- “Top One Percent” – National Association of Distinguished Counsel
- Top 100 Trial Lawyers – The National Trial Lawyers
- “10 Best” – for Client Satisfaction, American Institute of Criminal Law Attorneys
Attorney Olson is available for a complimentary, confidential case review. He represents clients in Palm Beach County, Broward County, Miami-Dade County and throughout the state. For a free case review call The Law Offices of David W. Olson at 561.833.8866.
Source
Chapter 790, Florida Statutes (2014)
790.01,790.07, 790.10, 790.23, 790.041, 790.045,
