Weapon Crime Lawyers in Naples, Florida 

Get the Defense You Need with Musca Law 

Under Florida Law, legal officials have listed multiple weapons-related offenses, which may be classified as a misdemeanor or a felony, depending on the severity of the crime. If a person is convicted for an offense of either sort, they can face lengthy jail time, hefty fines, and a permanently scarred record. However, with the right legal arsenal at your disposal, you will not have to fear for your future. Our experienced criminal defense lawyers at Musca Law Firm are dedicated to protecting your rights as a Florida citizen and helping you overcome weapons charges. 

For more information, call (239) 793-5297 to speak to a representative at our office in Naples, Florida. 

We help you overcome charges for:

• Carrying concealed firearms 
• Selling and delivering firearms
• Illegally possessing a firearm 
• Manufacturing firearms (or other deadly weapons) 
• Shooting a firearm in a public area 
• Brandishing a firearm in a public or private area 
• Improperly exhibiting a firearm (or another deadly weapon)
• Using a firearm while you are drunk or under the influence 
• Making a false bomb threat 
• Dealing in weapons of mass destruction 
• Juvenile weapons offenses

Possession of a firearm is a serious crime, but using a deadly weapon during the completion of criminal activity can turn a misdemeanor into a felony in a heartbeat. As a result, the court will enact more severe penalties on you, if you are ultimately convicted. Even brandishing a firearm during a crime (e.g. robbery, burglary) can result in severe legal repercussions in the State of Florida. 

Penalties for Carrying Unlicensed Firearms/Weapons in Florida 

Florida Statute Title XLVI Chapter 790.01 dictates that any person who carries concealed weapons or electronic weapons/devices that are not licensed under Chapter 790.06 will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. As dictated by the same code, any person who carries concealed firearms that are not licensed under 790.06 will face more severe charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Understand that any man or woman who carries a concealed weapon during mandatory evacuation issued by the Florida Governor (issued in Chapters 252 and 870) in the span of 48 hours after an incident will not be charged for carrying a concealed weapon/firearm. 

Charges for the Sale/Delivery of Firearms in Florida 

As dictated in Florida Statute Title XLVI Chapter 790.065 (1), any importer, manufacturer, or dealer who is licensed to exchange firearms may not (for any legitimate reason) sell or deliver these firearms (from a set inventory) to any person besides importers, manufacturers, dealers, or collectors who are also properly licensed under the Laws of Florida until the group has: 

• Received a completed form authorized by the Department of Law Enforcement.
• Received a paid fee from the buyer for the processing of a criminal background check authorized by the Department of Law Enforcement.
• Requested the Department to conduct an investigation. 
• Received an approval number for the transaction. 

Here is a closer look at potential charges people may face if they have taken part in the illegal sale and/or delivery of firearms: 

• Any buyer or transferee who produces fake information during a transaction will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine.  
• Any properly-licensed dealer importer, manufacturer or dealer who falsifies information or violates any subtext of the statute will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine.  
• Employees and agencies of these licensed manufacturers, importers, or dealers who offer fake information or violate any section of this Florida statute will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 
• Any person who purchases a firearm by means of this system with the intended purpose of use by a person who cannot legally possess this firearm (by state and federal law) will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine.  
• Any person who sells a gun to a person who is younger than 21 years will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Charges for Possessing/Discharging Weapons on School Property 

As dictated by Florida Statute Title XLVI Chapter 790.115, any person who brandishes a firearm, electric device, or any other type of weapon (including swords, knives, or razor blades) in a dangerous, threatening, and/or overall intimidating manner to any people in 1,000 feet of a school property (or inside a school, school bus, or at field trip sites) will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Under these same guidelines, any person who loads/prepares firearms in the presence of a minor (or within easy reach of this minor) will face charges of a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and a $500 fine. 

Likewise, any person who discharges a firearm (not for the purpose of self-defense) in defiance of these same rules will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

Charges for Discharging Firearms on Public/Residential Property 

Florida Statute Title XLVI Chapter 790.15 dictates that any person who willingly and intentionally fires a weapon in any public space (e.g. roadways, highways, streets, open spaces, or occupied residential areas) or negligently discharges this weapon in public will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. 

Here are some more details about additional charges people can face for discharging weapons in public areas: 

• Any person (occupying a vehicle) who discharges a firearm from this vehicle in the vicinity of 1,000 feet of any people in public will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 
• Furthermore, any driver who urges his/her passenger to open fire in public places will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 
• Any person who discharges a firearm for the purpose of target shooting in an area that could endanger people will be charged with a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine.  

Charges for Using Firearms While Intoxicated 

Florida Statute Title XLVI Chapter 790.151 dictates that any person who (while under the influence of alcohol and/or legal or illegal drugs) uses a firearm will face charges of a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and a $500 fine. 

Charges for Firing Machine Guns 

As dictated by Florida Statute Title XLVI Chapter 790.16, any person who wields and discharges a machine gun with the full intention of inflicting bodily harm on people or to destroy property will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 

Charges for the Improper Exhibition of Firearms/Weapons in Public Places 

As dictated by Florida State Title XLVI Chapter 790.10, any person who brandishes a weapon or firearm in an unethical manner in the presence of onlookers (not for the purpose of self-defense) will ultimately face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. 

Charges for Making or Throwing Weapons 

As dictated by Florida Statute Title XLVI Chapter 790.161, any person who takes part in the illegal organization, manufacturing, distribution, and/or throws weapons in Florida will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. However, if the culprit intended to use the weapon to inflict physical injuries on a victim (or multiple victims) or property, the charges will increase to a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

If the victim (or victims) dies as a result of the weapons being thrown, the offenders will face charges of a capital felony, resulting in life imprisonment (on the count of 1st-degree murder) and a $15,000 fine. 

Charges for Throwing, Projecting, or Discharging Destructive Devices in Florida 

As dictated by Florida Statute Title XLVI Chapter 790.1615, any person who takes part in the illegal projection or discharge of a bomb (or any other sort of destructive device that can injure people, regardless of the culprit’s intentions) will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. 

If the bomb or destructive device inflicts severe physical injuries (including facial disfigurement) or permanently disables a human being (regardless of the culprit’s initial intentions), the responsible party will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

Charges for Issuing False Reports About Bombs or Destructive Devices 

As dictated in Florida Statute Title XLVI Chapter 790.163, any person who issues a false report about the placement or planting of bombs or other destructive devices including dynamite or weapons of mass destruction (in an attempt to mislead people) will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

Crimes Related to Weapons of Mass Destruction in Florida 

Consider that, under the terms laid out in the Florida Statutes, weapons of mass destruction are devices that have been: 

• Developed to inflict severe bodily harm or to kill innocent people. 
• Imbued with a biological agent (e.g. viruses, microorganisms, infectious chemical agents). 
• Designed to release radioactive chemicals or a form of radiation to kill or harm human and animal life. 
• Designed to spread toxins and vectors via delivery units. 

As dictated by Florida Statute Title XLVI Chapter 790.166, any person who takes part in the development of or threaten to use a weapon of mass destruction (or attempts at either action) will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. Furthermore, any person who presents a fake report of a hoax weapon of mass destruction (as part of a false promotion) will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

Charges for Sharing Weapons with Minors or Incapable People  

As dictated by Florida Statute Title XLVI Chapter 790.17, any person who takes part in the sale, trade, or transference of weapons (not including pocket knives) to minors (people who are 18-years of age or younger) without the permission of their parents/guardians or freely hands these weapons to these young people will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. 

Furthermore, any person who takes part in the sale of a weapon to an 18-year old (minor) will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Charges for Previous Offenses Related to Weapons Possession 

As dictated by Florida Statute Title XLVI Chapter 790.235, any person who meets all criteria for the status of violent career criminal (under the specifications laid out in Chapter 775.074, 1, d) and who possesses and/or discharges weapons will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and a fine of $10,000 to $15,000. 

Reaching a Verdict for a Weapons Crime Case in the State of Florida 

Please review the rules for the aforementioned crimes related to weapons crime cases (including carrying unlicensed firearms or a violent weapon) in Jury Instructions Chapter 10 to receive a full-readout of the sets of instructions laid out for members of a criminal jury taking part in these cases. 

Get Aggressive Advocacy and Trusted Skills with Musca Law 

If you’re crippled with weapons crime charges, you will be facing potentially disastrous consequences. Our firm’s combined 150+ years of legal experience will equip you with the help that you need to comb through the network of Florida weapons laws and understand what steps you can take to secure your freedom. Because of our dedication to each of our clients, we have earned an A+ rating from BBB® and have been 10/10 Super Avvo Rated, with our success being broadcast on NBC and Fox News. Don’t hesitate to contact our Naples office today at (239) 793-5297 to schedule a free initial case consultation with one of our experienced attorneys.