Firearms/Weapons Offenses

What You Need to Know About Firearms and Weapons Offenses

Firearm and weapons offenses cover a broad range of conduct under Florida law. These charges vary widely in severity, and a conviction can affect far more than your freedom. It can alter your ability to vote, maintain certain professional licenses, and legally possess a firearm for the rest of your life.

Unlawful Possession of Firearms

Florida law prohibits certain individuals from owning or possessing firearms. This includes convicted felons, individuals subject to qualifying restraining orders, and those adjudicated as mentally defective. Florida also regulates the carrying of concealed weapons, and failure to carry the required license can result in criminal charges.

Improper Exhibition of a Firearm

Displaying a firearm in a threatening, careless, or aggressive manner that is not necessary for self-defense may result in charges of improper exhibition. Because the standard is somewhat subjective, having a knowledgeable defense attorney to evaluate the circumstances is essential.

Possession of a Firearm by a Convicted Felon

Convicted felons in Florida are prohibited from possessing firearms. Depending on the circumstances, this type of charge can also trigger federal prosecution, making the stakes particularly high.

Illegal Sale or Trafficking of Firearms

The unlawful sale, distribution, or trafficking of firearms carries serious consequences. When firearms cross state lines, federal charges may apply in addition to any state charges.

Using a Firearm While Committing a Felony

Using a firearm during the commission of another felony significantly enhances the severity of the charges and potential penalties. This enhancement can apply across a wide range of underlying offenses, from robbery to drug trafficking.

Our Defense Strategy

Our defense approach is built around the specific circumstances of each case. We take time to understand what happened, review how evidence was gathered, and identify any procedural or constitutional issues that could affect the outcome.

Thorough Investigation

We carefully review the facts surrounding your case, including how evidence was collected and the circumstances of your arrest. Our goal is to identify procedural errors, violations of your rights, or weaknesses in the prosecution's case that may be pivotal to your defense.

Expert Witnesses

We work with forensic experts and firearms specialists whose testimony may challenge the prosecution's evidence or support your side of the story.

Negotiations

Our attorneys are experienced negotiators who advocate for reduced charges or alternative sentencing where the facts and law support doing so. We understand the nuances of plea negotiations and work to reach outcomes that serve your interests.

Trial Advocacy

When your case goes to trial, we prepare thoroughly and represent you with conviction. From jury selection to closing arguments, we make sure your side of the story is heard clearly and persuasively.

How Domestic Violence Injunctions Can Affect Firearm Rights in Florida

One area that many people do not fully understand is how domestic violence injunctions can affect firearm rights, sometimes immediately and without a criminal conviction. This is an important topic for anyone in Pinellas County who is subject to, or concerned about, a protective order.

A domestic violence injunction, often called a restraining order or protective order, is a civil court order that can be issued when one person claims to be the victim of domestic violence or fears they are in danger of becoming a victim. Courts in Pinellas County and across Florida can issue these orders based on one party's sworn testimony, even before the subject of the order has a chance to appear in court.

What many people do not realize is that even a civil injunction, without any criminal charge or conviction, can trigger firearm restrictions under both Florida and federal law. Florida Statute Section 790.233 prohibits a person subject to a qualifying domestic violence injunction from possessing a firearm or ammunition. Federal law under 18 U.S.C. Section 922(g)(8) similarly restricts firearm possession for individuals subject to certain qualifying protective orders.

The restrictions apply even if you have never been arrested, charged, or convicted of any crime. The existence of the court order itself is what triggers the prohibition in many cases. This is why it is so important to understand exactly what a court order says and what it requires of you, particularly when it comes to your firearm rights.

Courts take violations of these restrictions seriously. If you are subject to a qualifying injunction and are found in possession of a firearm or ammunition, you could face both state and federal criminal charges. Acting on advice from friends or family without first consulting an attorney can lead to serious legal consequences that might have been avoidable.

Who May Be Prohibited From Possessing Firearms?

Firearm restrictions can arise from a variety of circumstances under Florida and federal law. The specific facts of a person's situation, including the nature of any court order or conviction, will determine whether restrictions apply.

Some categories of individuals who may face firearm restrictions include:

• Individuals subject to domestic violence injunctions. A qualifying injunction entered by a Florida court may prohibit the person subject to the order from possessing firearms or ammunition while the order remains in effect.
• Individuals subject to qualifying restraining orders. Not all restraining orders trigger firearm restrictions, but those that meet specific criteria under state or federal law may impose such limitations.
• Certain convicted felons. Under both Florida and federal law, individuals convicted of felony offenses are generally prohibited from possessing firearms. If you are facing a felony charge and want to understand the long-term consequences of a conviction, you can learn more on our felonies page.
• Individuals prohibited under applicable state or federal law. Other circumstances, including certain misdemeanor convictions involving domestic violence, adjudications of mental incapacity, and other specific legal findings, may also result in firearm restrictions.

It is worth emphasizing whether a restriction applies depends on the specific facts of each case and the applicable laws. Broad assumptions about what does or does not restrict someone's firearm rights can lead to mistakes with serious legal consequences. Speaking with an attorney before taking any action is the safest approach.

Immediate Consequences After an Injunction Is Entered

When a qualifying domestic violence injunction is entered by a court in Pinellas County, certain consequences can take effect quickly. Understanding what may happen right away is important for anyone in this situation.

Firearm surrender requirements. Many injunctions include a provision requiring the person subject to the order to surrender any firearms and ammunition they possess. Courts may set a deadline for surrender, and failure to comply can itself result in criminal charges.

Restrictions on possession. Once a qualifying injunction is in place, the person subject to it may be legally prohibited from possessing any firearm or ammunition, not just the ones they currently own. This means that even borrowing or temporarily handling a firearm could be a violation.

Potential criminal consequences for violations. Violating firearm restrictions tied to an injunction can result in additional criminal charges under state or federal law. These charges can carry their own significant penalties separate from any underlying domestic violence matter.

Compliance matters. Courts expect strict compliance with injunction terms. Even if you believe the injunction was issued unfairly or based on inaccurate information, you are still required to follow its terms until it is modified or dissolved by the court.

Getting legal guidance promptly. If you have just received notice of an injunction or protective order, speaking with an attorney as soon as possible can help you understand your obligations and avoid unintentional violations while you determine your legal options.

Can Firearm Rights Ever Be Restored?

This is one of the most common questions people ask after receiving an injunction or after a conviction. The answer depends on several factors, and no attorney can guarantee a particular outcome in any individual case.

Potential pathways to restoration may depend on:

• Whether the injunction is still active. If an injunction has expired, been vacated, or dissolved by the court, the associated firearm restrictions may no longer apply under state law. Federal law may have separate requirements.
• The type of order involved. Different types of protective orders carry different legal consequences, and whether firearm rights can be restored may depend on the specific classification of the order.
• Whether a conviction exists. A civil injunction and a criminal conviction are handled differently under the law. If a conviction exists, the restoration process is more complex and may involve additional legal proceedings.
• Applicable state and federal law. Florida law and federal law do not always align perfectly. Even if a state restriction is lifted, a separate federal restriction might still apply, or vice versa.
• Individual circumstances. The specific facts of a case, including the nature of the underlying allegations and the history of the injunction, will play a role in determining what legal options may be available.

If you believe your firearm rights may be eligible for restoration, consulting with an attorney who understands both Florida and federal firearm laws is an important first step. This is not a process that should be navigated without legal guidance.

Frequently Asked Questions

Q: Can a domestic violence injunction affect my firearm rights in Florida?

A: Yes. Under Florida law, individuals subject to qualifying domestic violence injunctions may be prohibited from possessing firearms or ammunition while the order is in effect. Federal law contains similar restrictions. These prohibitions can apply even if the person subject to the injunction has not been arrested or convicted of any crime.

Q: Do I have to surrender my firearms after an injunction is entered?

A: Many qualifying injunctions include a requirement to surrender firearms and ammunition within a specified timeframe. The terms of your specific order will determine what is required. Failure to comply with a surrender requirement can result in criminal charges, so reviewing your order with an attorney as soon as possible is important.

Q: Can I possess ammunition while subject to a qualifying order?

A: Both Florida and federal law may restrict not just firearm possession but also ammunition possession for individuals subject to qualifying injunctions or protective orders. The specific restrictions depend on the language of the order and the applicable laws. Do not assume that possessing ammunition is permitted simply because it is not a firearm.

Q: What happens if I violate a firearm restriction?

A: Violating firearm restrictions that are part of an injunction or protective order can result in criminal charges under Florida law and potentially under federal law as well. These charges carry their own penalties separate from the underlying injunction matter. Violations can also affect how a court views you in future proceedings related to the injunction.

Q: Can firearm rights ever be restored after an injunction or conviction?

A: Restoration may be possible in some circumstances, depending on whether the injunction is still active, whether a criminal conviction exists, and what state and federal laws apply to your situation. Restoration is not automatic, and it is not guaranteed. An attorney familiar with both Florida and federal firearm laws can help you understand whether a legal pathway to restoration may exist in your specific case.

Q: What should I do if I am unsure whether my injunction affects my firearm rights?

A: The safest course of action is to consult with an attorney before taking any action with respect to your firearms. Assumptions about what is and is not permitted under a court order can lead to serious legal consequences. An attorney can review your order and explain your obligations clearly.