Questions surrounding possession of firearms in Fort Pierce often arise when people face charges or uncertainty about their rights under state law. Owning and carrying a firearm carries serious legal responsibilities, even as state laws have become more gun-friendly in recent years due to legislative reform and court rulings. Florida no longer requires a license for concealed carry, and courts have lifted the long-standing ban on open carry in response to constitutional concerns.
However, there are still some gun-related restrictions under the law. If your possession violates Florida laws, it can result in an arrest and serious firearm charges.
Our talented gun crime defense attorneys at JJK/LLC help people who are facing charges in St. Lucie County and the Fort Pierce area.
To legally possess a rifle or shotgun in Fort Pierce and across the state, you must be at least 18 years old. To possess a handgun, you must be 21 or older. The law also considers factors such as criminal history, mental health status, and residency.
Factors that can disqualify an individual from possession include:
Even minor past infractions may result in unexpected restrictions. A criminal defense lawyer could review your circumstances in light of unlawful possession charges.
State law distinguishes between actual possession, constructive possession, and ownership of firearms. Actual possession refers to having physical control of a gun, such as holding it or carrying it on your person.
Constructive possession means knowing a firearm’s location and having the ability to control it, even when it is not on your person. This distinction matters in criminal cases because prosecutors may charge someone with illegal possession of firearms in Fort Pierce even without physical possession at the time of arrest. A skilled defense lawyer could challenge this allegation.
The law treats firearm possession differently depending on location.
Florida law prohibits firearms in specific locations, regardless of eligibility. Prohibited locations that can result in criminal charges include:
Violations of these laws in Fort Pierce carry serious criminal penalties, even for individuals otherwise legally entitled to possess weapons.
Criminal defense attorneys use several strategies to defend against charges of unlawful possession of firearms in Fort Pierce. These strategies may include challenging actual or constructive possession, disputing knowledge of the firearm’s presence, contesting the legality of a search, or demonstrating eligibility to possess firearms.
Self-defense often arises in firearm cases, and Florida’s Stand Your Ground laws may apply to the possession or use of a gun in self-defense. Under the law, a person may use or threaten justifiable force, including with a firearm, in response to an imminent threat. Through pretrial proceedings, a criminal defense lawyer could seek immunity from prosecution based on Stand Your Ground.
If you face charges involving the possession of firearms in Fort Pierce, JJK/LLC provides criminal defense representation. Our firm understands the criminal law and Second Amendment issues involved in these cases. Contact our attorneys to discuss your firearms possession matter and available legal options.
