Jacksonville Criminal Attorney Blog

As a Jacksonville gun crime lawyer, I see people charged with many crimes involving weapons. Here are some gun crimes JSO can arrest you for:

1. Carrying Concealed Firearm, a third degree felony.

2. Open Carrying of a Firearm, a second degree misdemeanor.

3. Improper Exhibition of a Firearm, a first degree misdemeanor.

4. Discharging a Firearm in Public, a third degree felony. It will be upgraded to a second degree felony if the gunshot is within 1,000 feet of a person.

5. Possession of a Short-Barreled Rifle, a second degree felony.

6. Possession of a Firearm by a Convicted Felon, a second degree felony.

As a Jacksonville Criminal Defense Attorney, I deal with gun charges on a daily basis.

If you are arrested for possession of a firearm by a convicted felon, the state attorney has to prove several things. First, they have to prove beyond a reasonable doubt that you did in fact possess the gun. Possession can be actual or constructive. Actual possession is when you have the gun in your hands or on your person. Constructive possession is when the gun is under your control. For example, if the gun is under the driver's seat and you are the driver when no one else is in the car.

The prosecutor also has to prove that you are a felon. Specifically, the state has to prove the historical fact of a prior felony conviction and that felony was committed by you. Just having your name on the judgment and sentence is not enough. A judgment and sentence is a form that is generated whenever someone enters a plea or is convicted of a crime in Jacksonville. The form states whether or not the person was convicted, the sentence they received, and will usually have fingerprints. The state attorney usually proves identity by taking your fingerprints and compares them to the prints on the judgment and sentence.

There are many crimes in Jacksonville and all of Florida concerning guns. You can be arrested for carrying a concealed firearm, possession of a gun by a convicted felon, improper discharge, etc. Here are some definitions applicable to gun laws in Florida:

Firearm - any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. An antique gun is not considered a firearm unless it is used in the commission of a crime.

Machine Gun - a firearm that shoots more than one shot automatically by the single function of a trigger.

Short-Barreled Shotgun - a shotgun having a barrel less than 18 inches in length.

Short-Barreled Rifle - a rifle having a barrel less than 16 inches in length.

Weapon - any knife, brass knuckles, or device that is deadly, but is not a firearm.

If you are arrested on gun charges in Jacksonville and you have questions, contact a Jacksonville gun attorney.

It is common knowledge that convicted felons cannot possess guns in Florida. If found to have one, a felon can be arrested for possession of a firearm by a convicted felon. This is a second degree felony punishable for up to 15 years in prison. What people may not know is that it is the same punishment for possessing ammunition if you are a convicted felon.

In order to prove the crime of possession of ammunition by a convicted felon, the prosecutor mus prove that the defendant:

1. knew the ammunition was in his presence,

2. had the ability to maintain control of the ammunition, and

3. knew that it was illegal for him to have the ammunition.

If you are arrested for this felony in Jacksonville, a Drug Lawyer in Jacksonville can investigate the case further and make sure your rights are protected.

If you do not have a concealed weapons permit and carry a concealed gun on or around you, you can be arrested for a felony charge in Jacksonville. However, there is an exception to this law if you have the gun "securely encased" or otherwise not readily accessible for immediate use.

The key is to determine what securely encased means. Generally, you can have the gun in your glove compartment, snapped in a holster, in a hard or zippered gun case or in any container that has a lid that has to be opened.

Even though there are exceptions, the law is whatever the arresting officer thinks it is. Even though you may have the gun securely encased, you still can be arrested on gun charges in Jacksonville. A Jacksonville Gun Crime Lawyer can look into the gun charge to see if the officer made a valid arrest.

A former Jacksonville Fire Department Captain, Larry Norris, has been arrested for:

1. Aggravated Assault in Jacksonville, which is a third degree felony punishable for up to 5 years in prison,

2. Carrying a Concealed Firearm in Jacksonville, which is a third degree felony, and

3. Discharge and Possession of a Firearm on School Property in Jacksonville, which also is a third degree felony.

Police say Norris was shooting at 2 men who stole his daughter's truck.

If you have any questions about gun charges in Jacksonville, contact our Jacksonville Gun Attorneys at (904) 634-0900.

If you are a convicted felon, meaning you were adjudicated guilty of a felony in Florida, you are not allowed to possess a gun. That means you cannot "actually" possess the gun, which means have it on your person or clothes. It also means you cannot "constructively" possess the gun, which means have it in your reach or under your control.

In Jacksonville, Florida last week, Nicholas Fairclough was sentenced to 4 years in a Florida prison for possessing a gun in his book bag that shot a 3 year-old in the head. The child is alive with some hearing loss. Fairclough "constructively" possessed the gun, meaning it was found to be in his reach or control. If he had the gun on his person, he would be subject to a 3 year minimum mandatory. That means if convicted of actual possession of a firearm by a convicted felon, the minimum time you would be sentenced to is 3 years in prison with a maximum of 15 years.

If you have been arrested for a gun crime in Jacksonville, call our Jacksonville Gun Lawyers at (904) 634-0900.

The demand for Florida concealed weapon permits is up, according to The Department of Agriculture and Consumer Affairs. According to an article on firstcoastnews.com, the Florida legislature has allocated $3.8 million dollars to the Department to help with the build-up in applications. The money will mainly go toward running background checks on the applicants. It will also go toward hiring temporary workers to handle the applications and calls checking on the status.

If you have been arrested for a gun crime in Jacksonville, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

The following can carry a gun in Florida without a permit, wither openly or concealed:

- On-Duty United States Military
- Police officers in Florida, other states, or the United States Government
- Guards of armored car carriers and banks
- Lawful hunters
- Employees of firearm manufacturers, repair, or dealers

For more information about carrying a firearm, click here.

Call our Jacksonville Gun Lawyers at (904) 634-0900 about a gun charge arrest in Jacksonville, Clay County, Nassau County, or St. Johns County.

In Florida, you are allowed to carry a gun that is concealed if you have a Florida concealed weapons permit. Many gun shops carry a concealed weapon badge. This looks like a police officer badge and simply says "concealed weapons permit"

This badge carries no legal authority to carry a concealed gun. It is not a substitute for the real permit and can only serve to get you in trouble. If someone sees the badge and mistakes you for a police officer because of your actions, you could be arrested for impersonating a law enforcement officer in Florida. This is a 3rd degree felony punishable for up to 5 years in prison.

If you have any questions about Jacksonville Gun Crimes, call our Jacksonville Gun Lawyers at (904) 634-0900.

We have all heard of the Florida DNA database, but Florida law enforcement is now using a gun database. The Florida gun database allows police to track guns used in certain crimes to find who shot them.

You can also search for stolen guns recovered via the serial number on the public access system.

If you have any questions about gun crimes in Jacksonville, call our Jacksonville Gun Crimes Attorneys at (904) 634-0900. Our Jacksonville Criminal Attorneys are available 24 hours a day, 7 days a week.

Two St. Johns County men were arrested last week in a road rage incident on I95 that ended in gun shots. Charles Butler and Doyle Jungkurth were arrested and charged in St. Johns County with aggravated battery and discharging a gun into an occupied car. Reports indicate that Butler shot his gun first and Jungkurth fired back. Both men later called St. Johns County police to report the other. They were both taken to St. Johns County Jail and each made a $7500.00 bond.

These arrests raise the question of self defense in Florida. If you feel that your life is legitimately threatened, you are allowed to use deadly force to protect yourself.

If you have been arrested in Jacksonville or anywhere in Northeast Florida for a battery, aggravated battery, manslaughter, or murder and have questions about self defense, call our Jacksonville Criminal Attorneys at (904) 634-0900. An experienced Jacksonville Lawyer will answer any questions you have 24 hours a day, 7 days a week.

We see the billboards and have heard about it, but what does 10 - 20 - Life mean?

In Jacksonville and all of Florida, if you possess a gun while committing a crime, you are subject to a 10 year minimum mandatory. That means if convicted, the least time you will serve in prison is 10 whole years.

If you discharge a gun while committing a crime, you are subject to a 20 year minimum mandatory.

If you discharge a gun and cause great bodily harm while committing a crime in Florida, you face life in prison.

For more information about this Florida gun law, contact our Jacksonville Criminal Lawyers at (904) 634-0900.

There is now a reward for reporting illegal gun possession in Ft. Myers, Florida.

The Southwest Florida Crime Stoppers are offering $1000.00 if you report illegal gun possession that leads to the police confiscating the weapon. In 2008, 342 illegal guns were taken in by Florida law enforcement and the area saw a 15% drop in crime.

If you have any questions about gun possession in Jacksonville, call our Jacksonville Gun Attorneys at (904) 634-0900.

With crime on the increase these days, more people than ever are buying guns to protect themselves and their families. In Jacksonville and all of Florida, you cannot carry a gun that is concealed on your person or in your car unless you have a Florida concealed weapons permit.

In order to get a Concealed Weapons Permit in Florida, you must:

1. Be 21 years-old or over and a legal resident of America.

2. Not have any health problem that would prevent you from handling a gun.

3. Have not been convicted of any drug crime in Jacksonville or anywhere, and that includes possession of drugs within 3 years of your application.

4. Have not been committed to a mental health institution, unless you have a certificate from a psychiatrist who is licensed in Florida showing that you have not had any mental condition for 5 years.

5. Have not been convicted on any misdemeanor domestic battery charge unless certain conditions are met.

6. Have no injunctions in force against you that prevents you from committing repeat or domestic violence.

For more information about Florida Concealed Weapons Permits, click here.

If you have any questions about a criminal arrest in Jacksonville, contact our Jacksonville Criminal Defense Lawyers at (904) 634-0900.

You cannot possess, sell, or buy a gun in Florida if:

1. You are a convicted felon.

2. If you are under indictment for a felony. (you can still possess a gun until you are convicted)

3. You are a fugitive. (if you failed to appear in court deliberately)

4. If you have been adjudicated as a "mental defective" or have been committed to a mental institution. If you voluntarily checked yourself into a facility, that does not count as a commitment.

5. You have renounced your American citizenship.

6. You have been convicted of misdemeanor Domestic Battery in Florida or elsewhere.

If you have been arrested in Jacksonville on criminal charges, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

In order to buy a handgun in from a licensed gun dealer, you have to be 21 years-old. If you want to buy a rifle or shotgun from a dealer, you need only be 18 years-old.

If you buy a gun from another private citizen, not a dealer, you can buy at age 18.

In Florida, you cannot sell any minor, person under 18, a gun or any type of weapon. If you do, you can be charged with a first degree misdemeanor and will be facing up to one year in jail. If you sell a minor a gun, the charge can be upgraded to a third degree felony punishable for up to 5 years in a Florida prison.

If you have been arrested on criminal charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

Gun laws in Florida can be confusing, so before we can discuss who can possess or purchase firearms and when, we have to look at the definition.

A firearm in Florida is any weapon that discharges a projectile by use of an explosive charge, or is designed or is readily convertible to such a use.

An exception to the customary definition of firearms is "antique firearms". These guns have to have been made during or before 1918, or be a replica. They also cannot use "fixed ammunition", unless the ammunition is not manufactured in America anymore. Fixed ammunition is self-contained ammunition consisting of a case, primer, explosive charge, and projectile.

If you have any questions about gun charges in Jacksonville, Florida, call our Jacksonville Gun Attorneys at (904) 634-0900.

There was a gun drop-off in Jacksonville, Florida yesterday. Jacksonville-based Project CRIME conducted this voluntary program at Gateway Mall, according to the Florida Times Union. Although the group conducted buybacks in the past, there was no money given for the weapons this time because their budget was cut. The Jacksonville Sheriff's Office will take the guns for a period of time and will ultimately destroy the dropped off weapons.

If you have any questions about gun crimes in Jacksonville, contact our Jacksonville Gun Lawyers at (904) 634-0900 to discuss your rights.

Recently, Plaxico Burress was arrested in New York for criminal possession of a weapon. It has been reported that he did have a Florida Concealed Weapons Permit. The only problem is, Burress was in New York.

Only certain states recognize Florida's permit to carry handguns or pistols in their area. They are:

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. Colorado
6. Delaware
7. Georgia
8. Idaho
9. Indiana
10. Kansas
11. Kentucky
12. Louisiana
13. Michigan
14. Mississippi
15. Missouri
16. Montana
17. Nevada
18. New Hampshire
19. New Mexico
20. North Carolina
21. North Dakota
22. Ohio
23. Oklahoma
24. Pennsylvania
25. South Carolina
26. South Dakota
27. Tennessee
28. Texas
29. Utah
30. Vermont
31. Virginia
32. West Virginia
33. Wyoming

When you have the permit in Florida, you can carry concealed "weapons". That includes guns, knives, clubs, and tasers. In the states that recognize the Florida license, the permit extends to firearms only.

For more information on the rules regulating concealed weapons permits, contact the Florida Department of Agriculture and Consumer Services.

If you have any questions about gun crimes in Northeast Florida, including Jacksonville, Clay County, Nassau County, and St. Johns County, please contact our Jacksonville Gun Crimes Attorneys at (904) 634-0900.