Allegations of firearms in Broward County are serious charges in Florida. It is crucial to understand the rules of permitless carry, mandatory minimums, and local court procedures when building a criminal defense.

Key Takeaways

  • Open Carry and Restricted Zones: Florida Statute § 790.01 does not allow open carry or carrying in restricted areas.
  • Severe Statutory Penalties: If there is an allegation of improper exhibition, felon possession, or prohibited carry, there are serious prison sentences and felony records.
  • Mandatory Minimum Exposure: The Florida 10-20-Life enhancement law (Florida Statute 775.087) mandates minimum prison terms for certain gun crimes.
  • State vs. Federal Jurisdiction: Federal indictments under 18 U.S.C. § 922 can be severe if the crime involves passing a gun across state lines or involving prohibited persons.
  • Early Defense Matters: Fighting Fourth Amendment search violations, disproving possession, and proving statutory self-defense can result in dismissed or reduced charges.

Even if owning and carrying a firearm is still in question, the consequences are serious in Broward County. Weapons crimes are crimes that Florida prosecutors take very seriously and that threaten your freedom, reputation, and civil rights. Prompt legal advocacy helps maintain constitutional protections during the legal process.

Florida’s Carry Laws: What Changed with Permitless Carry

In the realm of intricate state gun laws, having a knowledgeable defense attorney near me is essential to safeguard legal rights to lawful ownership. House Bill 543, codified as Florida Statute § 790.01, was enacted in Florida on July 1, 2023, and will allow eligible individuals to carry a concealed weapon without a permit. 

Permitless concealed carry for eligible individuals was enacted by the State of Florida on July 1, 2023, as part of House Bill 543, codified under Florida Statute § 790.01. The previous rule that law-abiding citizens must have a Concealed Weapon and Firearm License (CWFL) before they can carry a concealed handgun in public has been removed.

But permitless carry is not all or none. However, there are statutory requirements that still need to be met: The individual must be 21 years of age or older, possess identification, and be legally able to buy and have guns under state and federal law. 

In addition, the legislative update did not make open carry legal in Florida. It is still illegal under Florida Statutes, except for a few narrow exceptions such as hunting and fishing. These misinterpretations often result in legal gun owners getting caught up in illegal arrests in Broward County. These misinterpretations are a common occurrence and cause lawful gun owners to be arrested for crimes they did not commit in Broward County.

Common Firearms Charges under Florida Law

When someone is accused of such serious crimes, they are likely to look for a defense attorney near me who will be familiar with the filing process in the county. South Florida prosecutors routinely litigate a handful of main categories of firearm offenses in court:

  • Possession of a Firearm by a Convicted Felon: This charge is a second-degree felony under Florida Statute §790.23 and carries a maximum prison sentence of 15 years in state prison and a 3-year mandatory minimum sentence if the accused possessed the firearm in his/her actual physical possession.
  • Improper Exhibition of Dangerous Weapons or Firearms: Exhibiting a dangerous weapon or a firearm in a rude, careless, angry, or threatening manner in the presence of others is a first-degree misdemeanor under Florida Statute § 790.10, punishable by up to one year in jail.
  • Carrying in Prohibited Locations: Florida Statute § 790.06(12) prohibits the carrying of firearms in places like courthouses, detention centers, schools, polling places, government meeting rooms, and establishments that are primarily engaged in the business of serving alcoholic beverages.

Florida’s 10-20-Life Statute and Mandatory Minimum Sentences

Some of the most severe statutory sentencing enhancements in the country are found in Florida Statute § 775.087, commonly referred to as the “10-20-Life” statute. This law is intended to prevent violent crime and will remove the discretion of trial judges in cases where certain underlying felonies involve the use of a firearm.

These rules would mandate a minimum of 10 years imprisonment for a person who is convicted of one of the enumerated felonies and has actually possessed a firearm. The mandatory minimum term is increased to 20 years if that weapon is discharged. Where the discharge results in serious injury to the person or death, the court shall sentence to a period of imprisonment of at least 25 years or life. These mandatory penalties are dependent on the specific facts of the alleged offense. A thorough examination of the charging document and underlying evidence is essential.

How Federal Firearms Charges Differ from State Law

When state allegations lead to federal indictments, hiring a defense attorney near me provides you with full-service representation in both state and federal courts. Federal firearms cases are governed by different procedures, evidence, and sentencing requirements than other cases. Federal cases are governed by Title 18 of the United States Code.

The United States Attorney’s Office for the Southern District of Florida often files prosecutions against people who are barred from owning guns because of past felony convictions, domestic violence orders, or dishonorable military discharges. 

Also, 18 U.S.C. § 924(c) provides for mandatory consecutive sentences for the possession, brandishing, or discharge of a firearm in connection with a drug trafficking offense or a crime of violence. Since federal crimes have no parole, a federal conviction means spending almost the entire sentence that is set by federal sentencing guidelines.

Proven Legal Defense Strategies against Firearm Charges

A dedicated defense attorney near me can help individuals who have been accused of a crime fight against illegal traffic stops and unreasonable searches under the Fourth Amendment. The first step in a comprehensive defense is to determine whether the police had reasonable suspicion to make an investigative stop or probable cause to search. When a firearm is obtained in an unconstitutional search of your vehicle, home, or person, filing a motion to suppress can exclude the firearm from evidence and often leave the prosecution with no case.

Constructive possession is another important defense tactic. If a gun is found in a shared area (common room of an apartment, the glove compartment of a shared vehicle), the state must establish by a preponderance of the evidence that you knew the gun was there and that you had control and dominion over it. 

Just because something is in the vicinity doesn’t mean it’s in your hands. Moreover, Florida’s Stand Your Ground statutes offer strong protection against criminal liability when a gun is carried or fired in self-defense or defense of others pursuant to Florida Statute § 776.012 and § 776.032.

Why Broward County Courtroom Experience Matters

Opting for a seasoned defense attorney who is familiar with the local court system offers a significant advantage over a general counsel. The 17th Judicial Circuit, which has its headquarters at the Broward County Central Courthouse in Fort Lauderdale, has its own unique rules, filing procedures, and judicial protocols.

Familiarity with local divisions, assistant state attorneys, and presiding criminal court judges influences every procedural stage, from initial bond determinations before magistrate judges to plea negotiations, pretrial diversion applications, and trial presentation. An attorney who regularly practices within Broward County understands how local prosecutors evaluate firearm cases, how local law enforcement agencies handle chain-of-custody evidence, and how to position your case for the most favorable outcome.

Firearms charges demand an immediate, informed defense to safeguard your future and liberty. Do not navigate the criminal justice system alone. Contact Piotrowski Law today to schedule a confidential, free consultation and secure experienced representation for your Broward County case.