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Firearms have been a highly-discussed topic in Florida for over a decade now. Understanding the law surrounding the possession and use of a firearm is very important as misinformation often circulates.
As the leading criminal defense attorneys in Clearwater, our team at The Law Offices of Marc N. Pelletier has seen first-hand the trouble caused when a client falls for one of these common misconceptions. We are here to provide accurate information about Pinellas County laws regarding firearms and how we can help if you are faced with a potential firearm charge.
One fairly popular myth is that owning a firearm automatically grants individuals the right to possess and use it without restriction. In fact, Florida has strict laws governing firearm ownership and possession. Certain individuals are prohibited from owning or possessing firearms at all, including convicted felons, individuals with domestic violence injunctions, and those who have been deemed mentally incapable. Owning certain types of firearms, such as fully automatic weapons, without proper authorization is also illegal.
If you want to own a firearm, you need to undergo background checks and obtain necessary permits and licenses to ensure compliance with State laws.
While Florida recognizes the right to self-defense, it does not provide blanket immunity for individuals who use firearms in self-defense situations. Under Florida’s self-defense law, individuals are justified in using deadly force when their Clearwater defense attorney can reasonably argue that it was necessary to prevent imminent death or great bodily harm to themselves or others or to prevent the commission of a forcible felony.
The use of deadly force must be proportional to the threat faced. In other words, the law generally does not allow you to “bring a gun to a fistfight.”. Failure to meet the legal standards for self-defense can result in criminal charges, including manslaughter or murder, which could have devastating consequences.
Obtaining a concealed carry permit is often viewed as a “silver bullet” to protect gun owners from firearm-related charges. While a concealed carry permit allows individuals to carry a concealed firearm in public places, it does not grant them complete immunity from criminal liability.
Violating the terms of a concealed carry permit or using a firearm in a manner that goes against state law, such as carrying in schools, airports, and certain government buildings, can still lead to criminal charges. Likewise, possessing a firearm in a bar is similarly prohibited under Florida law.
By debunking three common myths about firearms, we aim to help educate our Pinellas County friends and neighbors to avoid potential criminal charges. If you are facing firearm-related charges, seeking guidance from our experienced criminal defense attorneys in Clearwater is crucial to protecting your rights.
Contact us today or call us at (727) 493-9386 to request a case consultation with one of our Clearwater defense attorneys.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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