Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Florida Firearm Charges
WILSON
LAW FIRM, P.L.
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The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only general
information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the Wilson Law Firm to
speak with an Orlando criminal defense lawyer and Orange County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orange County Criminal Defense Lawyer - Firearm Offenses:
Cases involving firearms and the improper possession or use thereof can
result in significant penalties and in many cases even a first time offender
will be sentenced to Jail if found guilty of these offenses.  If you have been
arrested for a criminal offense involving a firearm, you should consult with
a criminal defense attorney at your earliest convenience to learn about your
rights and the defenses that may be available to you

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive..  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following Florida Statutes provide information on some of the more common offenses involving Firearms:

Florida Statute 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.

Florida 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.

Florida Statute 790.15 - Discharging firearm in public.
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any
public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges
any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not
apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or
to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and
Wildlife Conservation Commission or Division of Forestry.

(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet
of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who
knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Florida Statute 790.151 - Using firearm while under the influence of alcoholic beverages, chemical
substances, or controlled substances; penalties.

(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily
accessible for immediate discharge.

(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s
hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of
alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893,
when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

________________________________________________

Please visit the following pages for more information on Weapons and Firearms Offenses and Penalties:

Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence (Florida's 10-20-Life Law for offenses involving Firearms).

Florida Statute 790.115 - Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.

Florida Statute 790.19 - Shooting into or throwing deadly missiles into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.

Florida Statute 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or
devices unlawful

Florida Statute 790.22 - Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor
under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orange County Criminal Defense Attorney & Orlando DUI Lawyer
Call Today: (407) 648-5255
Call Today: (407) 648-5255
Florida Crimes & Laws