Articles Posted in Gun Crimes

Recent articles and financial reports from gun manufacturers have made it clear that gun purchases have significantly increased over the last several months. As more people purchase guns, it is important to understand the laws surrounding firearms as Florida has some very serious gun laws that come with very serious penalties. One such law that comes with a serious mandatory minimum prison sentence is the Florida law that says that a person who has been convicted of a felony in any state cannot possess a firearm in Florida. Possession means not just the obvious act of holding the firearm or having it in one’s pocket or waistband but can also include constructive possession where a person does not actually have the firearm on him/her but has it a place where the evidence suggests he/she knows it is there and has control over the firearm.

In a recent possession of a firearm by a convicted felon case south of Jacksonville, Florida, the police searched the defendant’s apartment and found a gun under the mattress in one of the rooms. The defendant lived in the apartment with two other people. The police were able to get DNA from the grip of the gun, and it came back to the defendant. The defendant had been convicted of a felony crime several months prior to the police finding the gun.

The state charged him with possession of a firearm by a convicted felon since he was recently convicted of a felony and the police found a gun in his apartment with his DNA. The criminal defense lawyer argued that there were other people in the apartment, and the gun belonged to one of them. Additionally, although there was DNA on the gun, the state’s forensics expert could not say when that DNA was transferred to the gun. It was possible that the defendant handled the gun before he was recently convicted of a felony.

In Florida, the 10/20/Life statute is a law that provides for minimum mandatory prison sentences for people convicted of certain crimes involving guns. In such cases, if a person possesses a firearm during the crime, he/she faces a 10 year minimum mandatory prison sentence. If he/she discharges the firearm, the minimum mandatory prison sentence increases to 20 years, and if the firearm discharges and causes serious bodily injury or death to someone, the minimum mandatory prison sentence is 25 years to life.

The 10/20/Life statute applies even when the discharge of the firearm was accidental. In a recent murder case south of Jacksonville, Florida, the defendant got into a fight with another person. During the fight, the defendant took out a gun and hit the other person with it. As he hit the other person with the gun, it discharged and killed another person standing near the fight. The defendant was charged with murder for the victim who was killed and aggravated battery with a firearm for the person he hit with the gun. After he was convicted of both charges at trial, the judge sentenced him to life in prison under the 10/20/Life statute.

The criminal defense lawyer objected to the life in prison sentence arguing that 10/20/Life did not apply where the discharge of the firearm was accidental. However, the court disagreed. The court found that the purpose of the 10/20/Life law is to discourage people from having or using a firearm during the commission of a crime because the presence of a firearm increases the risk of serious injury or death. The court found that this was exactly one of the kinds of cases the 10/20/Life statute was intended to address. As a result, the life prison sentence for the accidental discharge was upheld.

Due to recent events, new reports have indicated that firearm and ammunition purchases have increased significantly in 2012 and into 2013. As more and more people purchase and own firearms, it is very important that they know the laws regarding firearms possession and ownership in Florida. Florida has very severe criminal penalties for violating gun laws.

For instance, most people are aware that if you are a convicted felon, whether the felony conviction occurred in Florida or any other state, you are not allowed to possess a firearm. State prosecutors almost always recommend prison sentences for people charged with the crime of possession of a firearm by a convicted felon. Fewer people know that you are not allowed to purchase a firearm if you have been convicted of a misdemeanor domestic violence charge. This is a federal law. When you purchase a firearm from a federally licensed firearms dealer, they will give you a form. One of the questions asked on the form is if you have ever been convicted of a misdemeanor crime of domestic violence. Even if you have never been convicted of a felony before, but have been convicted of a misdemeanor crime of domestic violence, the firearms dealer will not sell you a firearm. If you lie on that form, you could be charged with a serious federal crime.

If you are authorized to purchase and possess a firearm, it is still important to know the concealed firearms laws in Florida. Carrying a concealed firearm without a proper concealed firearms license is a felony crime in Florida. A common arrest for carrying a concealed firearm occurs when a police officer stops a person for a traffic violation and later finds a gun under the seat or hidden in the driver’s waistband. However, there are exceptions to the carrying a concealed firearm law. You are allowed to carry a concealed firearm without a concealed firearms permit in your home or at work.

In Florida, possession of a firearm is not illegal unless the person is a convicted felon. Possession of a concealed firearm is illegal unless the person has a concealed firearm permit. If a police officer sees a person in possession of what appears to be a handgun and does not have evidence that the person is a convicted felon and does not know if the person has a concealed firearms permit, does that police officer have probable cause to search the person? The Florida courts have disagreed on this issue, but the answer in Jacksonville appears to be yes.

In Florida, a police officer cannot search a person without probable cause to believe the person is involved in criminal activity or consent. Since merely possessing a gun, without more evidence, is not necessarily evidence of a crime, how can a police officer search a person if all the police officer knows is the person may be in possession of a firearm?

In a recent carrying a concealed weapon case near Jacksonville, Florida, the police were on patrol and saw the defendant with what appeared to be part of the handle to a handgun sticking out of his pants. When they approached the defendant, they could not see the handle but saw a bulge in his pants consistent with a handgun. The police officer asked to search the defendant, but he refused. The police officer then searched him anyway and found a handgun. At the time of the search, the police officer did not know if the defendant was a convicted felon, did not know if he had a concealed weapons permit and did not see the defendant commit any other crimes. After obtaining the concealed handgun, the police learned that defendant was a convicted felon and did not have a concealed weapons permit. The defendant was arrested for carrying a concealed weapon and possession of a firearm by a convicted felon.

In Florida, if a person has been convicted of a felony crime, it is thereafter illegal for that person to possess a firearm (or ammunition) or carry a concealed weapon. There are distinctions between those two crimes. The first part deals with possession and firearms (although it should be noted that ammunition and electric weapons are also included in this crime). Possession means more than just having the firearm on one’s person. The firearm can be in the person’s car or home or in proximity to the person, and if the state can prove the person knew it was there and maintained some control over the firearm, the state may be able to prove the person was in possession of the firearm. In that case, the person can be charged with possession of a firearm by a convicted felon.

The other crime referenced in this statute deals with carrying weapons. Carrying is certainly narrower than possession. To prove that a convicted felon was carrying a concealed weapon, the state must prove that the person actually had actual possession of the weapon. It is not enough for the state to prove the person had a weapon near him/her or had it in his/her home or vehicle. But the second part is broader. A weapon is not limited to a firearm. It can include a knife or boxcutter or something similar that can be used to cause a serious injury to someone. Of course, not every convicted felon carrying a knife or boxcutter is committing a serious crime. Some people use those items to work, eat and perform routine activities. However, if the state can prove that the person is a convicted felon and is carrying a concealed knife, boxcutter or similar item for use as a weapon, then the state may be able to prove the crime of possession of a concealed weapon by a convicted felon.

Florida laws have become much tougher on all illegal conduct involving weapons, particularly firearms. It is illegal for a person in Florida to possess any weapon, including a gun, taser, knife or other weapon on school grounds unless it is specifically authorized by the school. There are some exceptions to this rule. A person 18 years of age or older can have a gun or other weapon at school for a lawful purpose in his/her vehicle if the gun or other weapon is in his/her vehicle inside a secure case or otherwise not easily accessible for immediate use.

A violation of this law in Florida is a third degree felony punishable by up to five years in prison. And prosecutors and judges do take gun crimes seriously, particularly when schools are involved. Therefore, if you are ever in a position to take a gun or other weapon to school, make sure it is either for a school sponsored event and cleared by the school or locked away in a secure case in the vehicle. If the gun or weapon is possessed without authorization by the school or somewhere where it is not secured away, a felony arrest for unlawful possession of a weapon may result.

It is a serious felony crime in Florida for a person to possess a firearm after having been convicted of a felony. That is a fairly straightforward crime, but there are other aspects of the crime that are not so obvious. It does not matter where the person obtained the felony conviction. If a person was convicted of a felony in any state, that person cannot possess a gun in Florida. Additionally, if a person was adjudicated delinquent as a juvenile and is under 24, that person cannot possess a firearm in Florida.

Possession does not just mean actual possession, i.e. holding it in one’s hand or having the gun in one’s pocket. Possession can include constructive possession of the firearm which can be established with proof that the person knew the gun was present and had dominion and control over the gun. For instance, if a person is driving his car by himself and a gun is found in the glove compartment with other items belonging to that person such as a wallet, a good argument can be made that he is in constructive possession of the firearm.

The crime of possession of a firearm is not limited to guns. Once a person has been convicted of a felony, that person cannot possess ammunition or an electric weapon or device such as a taser.