The state has claimed authority to regulate gun ownership since 1987 but cities and counties have routinely bypassed this, enacting restrictions on where weapons can be carried in their communities. Frequently guns are banned in parks and community buildings. Local officials have begun removing signs in these places announcing their restrictions in an effort to comply with the new state directive.

Guns still won’t be allowed in schools and bars. Although they can generally be taken in government buildings, those with city council, school board, or county commission meetings being held are the exception. Private businesses can also still regulate guns on their property.

The new law is a win for gun rights activists who say the localities had no right to restrict the constitutional right to bear arms. NRA lobbyist Marion Hammer says “You’re not going to have every Tom, Dick, and Harry carrying a firearm on their person up and down the streets and into buildings…”. He goes on to point out that less than 1 million Floridians are licensed to carry a concealed weapon.

Opponents see no reason why local government, and especially big cities where gun violence is a problem, shouldn’t be able to restrict weapons, particularly in parks. Last week, for example, four children were shot in a Miami park when a car pulled in and opened fire at a football game.

But gun advocates, no doubt, would argue that a sign in the park wouldn’t stop this particular offender, nor any others like him, to think twice about carrying their gun in a park. And they may be right. If you own a gun for criminal reasons, the new law won’t likely have any bearing on how you choose to use your weapon. Obviously, if you are willing to rob a bank, for instance, you wouldn’t be discouraged by a sign that said “No guns in the bank.”

Regardless of whether a law is mandated by the state or the city, enforcement of gun laws is swift and penalties are severe. Even gun rights advocates are adamant about following gun laws, properly registering and using your firearms. When you are caught on the wrong side of a weapons offense, you could be facing several years behind bars and a conviction to haunt you forever.

According to House Bill 517, the weapon carrier would have to have a concealed weapon or firearm license in order to benefit from the law. It would allow them to carry their gun outside of their clothing in a holster.

Opponents worry it would put the public in fear of law abiding gun owners and would make them wary of anyone who chose to wear their gun out. The Florida Sheriff’s Association is just one group who is opposed to the measure.

Orange County Sherriff states “All it would do is further add to the confusion that the public will have wondering whether or not this person with a gun is in the process of doing something unlawful or not.” Other lawful gun owners are also opposed, stating they would rather people didn’t know they were carrying a weapon.

If passed, the law would restrict such open carrying in schools and colleges, airports, and bars.

Of course, the option to carry your weapon on your hip would be just that—an option. One has to wonder what sorts would elect to show off their firearm. But without the option of a concealed carry permit, if they lawfully want to carry their weapon in public, this would be the only method.

Currently, Florida gun laws are fairly strict, as they are across the country. Lawmakers have to find a balance between public safety and the right to bear arms. They can place restrictions on the how, what, and where of the weapons but they can’t necessarily ban the weapons altogether. This balancing act is always a highly charged debate as this law will no doubt be in the legislature.

If you are facing weapons charges and trying to make sense of the current system of laws, you might need assistance. A local defense lawyer can help you understand your options and assist you in achieving the most favorable outcome possible in court.

Contact us today for a free consultation on your case.

Some are rushing out in a questionable fear that the Obama administration will be reining in gun rights while others simply want to protect themselves from the rise in crime they believe is happening. Whatever the case, more and more citizens are legally owning weapons.

The 2^nd Amendment of the U.S. Constitution protects our right to bear arms. However, just because we are granted that right doesn’t mean there aren’t restrictions on it. There are many laws and ordinances created to ensure maximum safety for the community.

Despite this, we often hear about gun violence on the news, one of the things possibly leading to this influx of weapons permits.

As this article from News 4 relays, the majority of gun crimes are committed by people with illegal firearms, not the average Joe who buys a weapon to lawfully protect his home. However, even the average Joe may be called on to use that gun in order to protect himself or his family.

A concealed weapons permit is not difficult to obtain and the consequences of being caught with a concealed weapon without the permit are plenty.

The criminal charge of carrying a concealed weapon is a misdemeanor when the weapon is registered but a 3^rd degree felony when it is an unregistered firearm. A third degree felony carries a potential sentence of 5 years in prison and fines reaching $5,000.

Perhaps your license had lapsed or you believe the charges are just a misunderstanding. Defending a weapons case can be tricky, but I can help.

If you are being charged with a weapons offense in Florida you need the assistance of an aggressive defense attorney. I am ready to hear about the specifics of your case and ready to get to work. Call me today for some free legal advice and to discuss the particulars of your charge.

It didn’t take long for officers to arrest the first of four suspects in his apartment. What was found there didn’t surprise the police as assault weapons, drug paraphernalia, and firearms are fairly commonplace in the ruthless world of street gangs. This article from the St. Petersburg Times compares owning an assault weapon to any other teenage trend in that everyone involved in that sort of scene wants or already owns one.

Stories like this set off a brush fire of debate between the rights of gun owners and the need for safety in communities. When gun dealers can carry assault weapons, those weapons will get into the wrong hands. On one side of the argument is the position that these types of firearms are good for nothing but killing people and should be banned again altogether.

On the other side are those people who think any infringement on the right to bear arms is a direct attack on the constitution. It is a sticky subject and perhaps one that doesn’t have a right or wrong answer. In a perfect world we wouldn’t have to worry about gangsters shooting into our homes in the middle of the night and we wouldn’t be concerned about whether or not had the moral aptitude to responsible own and operate firearms.

Although people can currently own an assault rifle, there are several gun laws that restrict what types of weapons can be possessed and how they must be handled. When you face weapons charges, you can believe that your case will be scrutinized carefully by the prosecution in an effort to not appear soft on gun charges.

Whether you made a mistake in the handling of a weapon or you are falsely accused of a crime, we can help fight these charges and defend your rights. You need a local, experienced defense attorney who can provide an aggressive defense and legal expertise in Florida criminal courts. Contact us from a free legal consultation.

While drivers typically charged with DWI/DUI manslaughter are let out on bail, the judge decided Delrisco’s record made him an unusual risk. He remains under suicide watch at the Miami-Dade jail.

The prosecution in the case pointed out that Delrisco has had 26 tickets during the past 8 years including one DUI. He did, however, have a valid license at the time of the accident.

Delrisco’s own attorney pointed out that although he didn’t have the best driving record, he has never been convicted of any violent offenses and would be a good candidate for house arrest pending trial. It is unusual for a defendant in a case involving these charges to be held without bail and more than likely the publicity and nature of the victims did play a part in the judge’s decision.

Judges take many things into consideration when determining if a defendant can be released pending trial. If the crime is bail-eligible the judge will look at the defendant’s record and determine if they are a flight risk or if they are a risk to themselves or the community.

It is a fact, as the defense attorney in this article pointed out, that people are released on bail with much more extensive records. House arrest would have assured that Delrisco could not legally leave his home while he awaited trial.

As much publicity as this horrific case has received in Florida, there is no doubt there would be uproar,  if Delrisco was allowed bond. His attorneys argued the right points and did what they could. The final decision rests with the judge and on this day the judge didn’t rule in his favor.

Florida’s gun laws are not considered very strict when it comes to preventing people from purchasing guns who may have a history of mental health issues.

The standard for refusing to sell someone a gun includes mental health conditions where a person is determined to be “mentally defective”, or a person who has been institutionalized involuntarily.  However, the term “mentally defective” is open to interpretation, and is not necessarily clear in the law.

Florida firearms dealers are required to submit a request to the FBI and the Florida Department of Law Enforcement to perform a background check on a person before selling them the gun.  The background check, which takes three days, includes searches for disqualifying events such as felony convictions or misdemeanors if they are domestic violence related, open restraining orders, as well as the known mental health issues.

However, private sales and gun shows are not required to perform the same background checks.

In this case, the check would not have made a difference, since the woman was not disqualified for gun ownership under the existing mental health condition restrictions.

This tragic case will likely bring new calls for tighter restrictions on red flags for mental health conditions that should restrict firearms ownership in Florida.

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If you have been charged with a criminal gun possession or related weapons charges on Florida, please contact our defense lawyers for a consultaiton and free case evaluation.