Weapons include, but are not limited to knives, sling-shots, metallic knuckles aka brass knuckles, clubs, chemical weapons, electric weapons. Destructive devices include bombs, rockets, pipe-bombs or any similar device containing an explosive, incendiary or poison gas. Ammunition is generally referred to as gun powder and bullets.

Firearms are more commonly referred to as Guns. Unless licensed, a person who carries a concealed Firearm (CCW or CCFA) may be found guilty of a 3rd degree Felony. Concealment is to carry the weapon or gun in a manner that is out of the ordinary sight of another person. On the flip-side damned if you do and damned if you don’t - the open carrying of electric weapons or firearm is a 2nd degree misdemeanor.

Further Federal Gun laws could apply, which are generally harsher than Florida Gun laws, should the U.S Attorney’s Office take on the jurisdiction. Federal jurisdiction only requires that the gun be manufactured outside of Florida. You can be charged both in State Court and Federal Court for the same crime. This is not Double Jeopardy.

Mandatory Minimum Sentences

“10-20-Life” Using a gun during a crime carries a mandatory minimum sentence of 10 years in Florida State Prison, firing the gun during a crime will bring you mandatory minimum of 20 years prison and shooting someone gets you a sentence of 25 years to life in prison.

Possession of Firearm by Convicted Felon

Possession of a firearm by a convicted felon can be either “constructive” possession or “actual” possession. While there is no mandatory minimum prison sentence for constructive possession, there is a three year minimum mandatory prison sentence for actual possession, with a possibility of up to five years imprisonment. Handling these cases successfully is not easy, however, defenses do exist, and plea bargaining may keep you out of prison.

In Federal Court, a prohibited person in possession of a firearm - the sentence is punishable up to 10 years in prison. If the offender has 3 or more prior felony convictions for crimes of violence (robbery, assault etc.) or drug trafficking then the mandatory minimum sentence is 15 years in prison.

It is important to prepare your defense to these charges immediately especially where mandatory minimum sentences are concerned. Further you may have grounds for a downward departure in your sentence when appropriate mitigating circumstances exist.