Weapons and Firearms Offenses in Florida

Common Weapons and Firearms Charges

Carrying a Concealed Weapon Without a License (§ 790.01)

Carrying a concealed firearm or other weapon without a valid concealed weapons license is generally a third-degree felony in Florida, punishable by up to five years in prison. A “concealed weapon” under Florida law includes not only firearms but also knives, electric weapons, tear gas guns, and other items listed in the statute. It is important to note that Florida’s permitless carry law (effective July 1, 2023) allows individuals who are legally eligible to carry a concealed firearm without a license—but this exemption does not apply to individuals who are otherwise prohibited from possessing firearms, and it does not cover all types of weapons.

Improper Exhibition of a Dangerous Weapon (§ 790.10)

Displaying or brandishing a firearm or other dangerous weapon in a rude, careless, angry, or threatening manner in the presence of others is a first-degree misdemeanor punishable by up to one year in jail. This charge often arises in situations involving road rage, neighborhood disputes, or arguments where a weapon was displayed but not used.

Possession of a Firearm by a Convicted Felon (§ 790.23)

It is a second-degree felony for any person who has been convicted of a felony to possess a firearm, ammunition, or electric weapon in Florida. This offense carries a maximum penalty of up to 15 years in prison and typically carries a three-year mandatory minimum prison sentence under Florida’s 10-20-Life law (§ 775.087). Felon in possession cases are prosecuted aggressively, and the mandatory minimum applies even to individuals whose prior felony was nonviolent.

Use of a Firearm During a Felony (10-20-Life, § 775.087)

Florida’s 10-20-Life statute imposes mandatory minimum sentences when a firearm is used in connection with certain felony offenses:

• 10 years: Possession of a firearm during the commission of certain enumerated felonies.
• 20 years: Discharging (firing) a firearm during the commission of certain felonies.
• 25 years to life: Causing death or great bodily harm by discharging a firearm during the commission of certain felonies.

These mandatory minimums are in addition to the penalties for the underlying felony, and the judge generally has no discretion to impose a lesser sentence.

Possession of a Weapon on School Property (§ 790.115)

Bringing or possessing a firearm or weapon on school property or at a school-sponsored event is a third-degree felony. Even items that might be lawfully possessed elsewhere can result in felony charges when brought onto school grounds.

Shooting into an Occupied Building or Vehicle (§ 790.19)

Discharging a firearm into any building, structure, or vehicle that a person knows or reasonably should know is occupied is a second-degree felony carrying up to 15 years in prison. If the shooting results in injury or death, the penalties increase substantially.

Consequences of a Weapons Conviction

Beyond incarceration and fines, a weapons conviction in Florida may result in:

• Permanent loss of the right to possess firearms under both state and federal law
• Loss of eligibility for a concealed weapons license
• A felony record that affects employment, housing, and professional licensing
• Immigration consequences for non-citizens, including potential deportation
• Enhanced penalties for any future criminal charges involving firearms
• Loss of voting rights (for felony convictions)

Defense Strategies in Weapons Cases

The right defense depends on the facts of your case. Common strategies include:

• Illegal search and seizure: If the weapon was discovered during an unlawful traffic stop, warrantless search, or search that exceeded the scope of consent or a warrant, the evidence may be suppressed.
• Lack of knowledge: The State must prove you knew the weapon was present. If you were in a vehicle or residence where a weapon was found but did not know it was there, you may have a viable defense.
• Valid license or exemption: Florida law provides exemptions for lawful self-defense, individuals engaged in fishing, camping, or hunting, law enforcement and military personnel, and persons at their homes or places of business.
• Stand Your Ground / Self-Defense (§ 776.012): If the weapon was used or displayed in lawful self-defense, Florida’s Stand Your Ground law may provide immunity from prosecution. A successful Stand Your Ground motion results in dismissal of the charges.
• Challenging the prior felony: In felon-in-possession cases, the defense may challenge whether the prior conviction actually qualifies as a felony, whether civil rights have been restored, or whether the conviction was lawfully obtained.
• Constructive possession challenges: When a weapon is found in a shared space—such as a vehicle with multiple occupants or a residence with multiple people—the State must prove that you had knowledge of and dominion over the weapon, not just proximity to it.

What to Do if You’ve Been Charged

If you have been arrested or charged with a weapons or firearms offense, exercise your right to remain silent and contact a defense attorney immediately. Weapons cases often involve search-and-seizure issues, and statements made to law enforcement can be used against you. The sooner an attorney is involved, the better positioned you will be to challenge the evidence and protect your rights.

Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We will evaluate the circumstances of the search and arrest, review the evidence, and develop a defense strategy tailored to your case.