Firearm violations are among the most serious criminal charges a person can face in Florida. Whether you were stopped in Fort Pierce, Port St. Lucie, Stuart, or Vero Beach, a weapons charge can follow you for the rest of your life. Therefore, understanding what these charges mean — and how to respond — is critically important.
Florida has some of the strictest gun laws in the country. However, many people are charged without fully understanding what they allegedly did wrong. Because of this, having an experienced criminal defense attorney on your side can make a significant difference in the outcome of your case.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we have defended clients against firearm violations charges for more than 30 years. We know how prosecutors build these cases. Moreover, we know how to fight back effectively on your behalf.
What Are Firearm Violations in Florida?
Florida law covers a wide range of weapons-related offenses. These charges vary in severity depending on the circumstances. Additionally, the penalties can range from misdemeanors to serious felonies.
Some charges involve who is carrying a firearm. Others involve how or where a firearm is being carried. Furthermore, certain charges focus on the type of weapon involved.
Common Types of Firearm Violation Charges
There are several firearm-related offenses that arise frequently in Fort Pierce and the surrounding St. Lucie County area. Below are some of the most common:
- Carrying a concealed firearm without a permit — Florida requires a concealed carry license. Carrying without one is a serious offense.
- Possession of a firearm by a convicted felon — Convicted felons are prohibited from possessing firearms under both state and federal law.
- Improper exhibition of a firearm — Displaying a gun in a threatening or careless manner is a criminal offense.
- Discharging a firearm in public — Firing a weapon in a populated or restricted area is illegal and dangerous.
- Possession of an unlicensed or altered firearm — Possessing a firearm with a removed or altered serial number carries steep penalties.
- Use of a firearm during the commission of a crime — This charge enhances the penalties of an underlying offense significantly.
Each of these charges carries its own set of legal elements. Therefore, the facts and circumstances of your specific case matter enormously.
Florida’s 10-20-Life Law and Mandatory Minimums
Florida’s “10-20-Life” law is one of the toughest sentencing frameworks in the nation. It imposes mandatory minimum prison sentences for certain firearm offenses. As a result, judges have very little discretion in sentencing if you are convicted.
Under this law, simply possessing a firearm during a felony can result in a mandatory 10-year sentence. If the firearm is discharged, that minimum jumps to 20 years. Furthermore, if someone is injured, life in prison is possible.
Because of this, it is absolutely vital to take any firearm charge seriously from the very beginning. Contact the JKJ legal team as soon as possible if you or a loved one has been charged.
How Mandatory Minimums Affect Your Defense Strategy
Mandatory minimums limit a judge’s flexibility at sentencing. However, they also create powerful leverage in plea negotiations. A skilled attorney may be able to negotiate to reduce charges before sentencing triggers apply.
Additionally, an experienced lawyer can challenge whether the firearm was legally seized. If law enforcement violated your Fourth Amendment rights during a search, the evidence may be suppressed. As a result, the entire case could be significantly weakened or dismissed.
Who Can Legally Possess a Firearm in Florida?
Not everyone is legally allowed to own or carry a firearm in Florida. The state imposes clear restrictions on who may possess a weapon. Understanding these restrictions can help you recognize if you are at legal risk.
You may not legally possess a firearm in Florida if you:
- Have been convicted of a felony in any state
- Have been adjudicated as mentally defective or committed to a mental institution
- Are subject to a domestic violence restraining order
- Are a minor under age 18 for long guns, or under 21 for handguns from dealers
- Are an undocumented immigrant or have certain visa restrictions
- Have been convicted of a misdemeanor crime of domestic violence
Moreover, federal law adds additional restrictions that overlap with Florida law. In some cases, both state and federal charges can be filed for the same conduct. Therefore, the stakes can be even higher than they first appear.
Defenses to Firearm Violations Charges
Being charged does not mean you will be convicted. There are several strong defenses that may apply to your case. First, your attorney will review every detail of how the evidence was gathered and how the arrest was made.
Unlawful Search and Seizure
Law enforcement must follow strict constitutional rules when conducting searches. If police stopped you without reasonable suspicion or searched your home without a warrant, your rights may have been violated. Because of this, your attorney can file a motion to suppress any illegally obtained evidence.
In Fort Pierce and throughout St. Lucie County, traffic stops sometimes lead to weapons charges. However, not every stop is conducted lawfully. An experienced attorney will scrutinize every aspect of the stop and search.
Lack of Knowledge or Possession
In some cases, a person may not have known a firearm was present. For example, a firearm found in a shared vehicle or home may not clearly belong to you. Therefore, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the weapon.
Additionally, constructive possession — meaning you had control over a firearm even if not on your person — must be proven with solid evidence. Your attorney can challenge whether the state can meet that burden.
Restoration of Civil Rights
Some individuals who are convicted of felonies may later have their civil rights restored. In Florida, this process can sometimes restore the right to possess a firearm. However, this area of law is complex and requires careful legal guidance.
If you believe your rights may have been restored, talk with a legal expert to evaluate your specific situation before possessing any firearm.
The Impact of a Firearm Charge on Your Future
A firearm violation conviction can affect far more than your immediate freedom. It can impact your employment, housing, professional licenses, and civil rights. Furthermore, a felony conviction makes it permanently illegal for you to possess a firearm again.
In communities across the Treasure Coast — including Fort Pierce, Jensen Beach, Okeechobee, and Hobe Sound — people work hard and build lives for themselves and their families. A conviction can put all of that at serious risk.
Additionally, immigration status can be affected. Non-citizens convicted of firearm offenses may face deportation or be barred from obtaining citizenship. Therefore, the consequences extend well beyond the courtroom.
Why You Need an Experienced Fort Pierce Criminal Defense Attorney
Firearm violation charges require an aggressive and knowledgeable defense. The prosecutors in St. Lucie County are experienced and well-resourced. Therefore, you need a defense team that matches their preparation and determination.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we are available 24 hours a day, seven days a week. We know the procedures and tendencies of local judges and prosecutors. Moreover, we know how to anticipate the state’s strategy and counter it effectively.
Our team will carefully review every piece of evidence in your case. We will identify weaknesses in the prosecution’s argument. Additionally, we will explore every available defense option — from suppression motions to negotiated pleas to full jury trials.
No matter where you are in the process — just arrested or already facing trial — we can help. Request a consultation today and let us review your case.
Frequently Asked Questions About Firearm Violations in Fort Pierce
Can I be charged even if the gun belongs to someone else?
Yes, you can be charged if prosecutors believe you had constructive possession of the firearm. However, your attorney can challenge whether the state can actually prove that you knowingly possessed it.
What happens if I have a prior felony and am found with a gun?
Possession of a firearm by a convicted felon is a serious felony charge in Florida. Additionally, it may trigger federal charges. The penalties are severe, and you should speak with an attorney immediately.
Is carrying without a concealed weapons permit always a felony?
Carrying a concealed firearm without a permit is typically charged as a third-degree felony in Florida. However, the specific circumstances of your case can affect how charges are filed and how a defense is built.
Can evidence be thrown out in a firearm case?
Yes. If law enforcement conducted an unlawful search or stop, your attorney can file a motion to suppress. As a result, illegally obtained evidence may be excluded from trial, which can significantly weaken the prosecution’s case.
How quickly should I contact a lawyer after a firearm charge?
You should contact a criminal defense attorney as soon as possible — ideally before speaking with police. Early intervention allows your lawyer to protect your rights from the very start and begin building your defense immediately.
Contact JKJ to Defend Your Rights Against Firearm Violations
Facing a firearm charge in Fort Pierce or anywhere in St. Lucie County is an overwhelming experience. However, you do not have to face it alone. The legal team at Jonathan Jay Kirschner, Esq., & Associates, LLC is ready to fight for you.
With more than 30 years of experience defending clients against criminal charges — including serious firearm violations — we bring knowledge, dedication, and compassion to every case. Moreover, we are available around the clock when you need us most.
Do not wait. Your future is too important. Contact JKJ today to schedule a consultation and take the first step toward protecting your rights and your freedom.
