Possession of a firearm is a serious offense, but the use of a deadly weapon in the commission of the crime can turn a misdemeanor into a felony and can result in the court imposing extremely harsh penalties on you if you are convicted. Even brandishing a firearm during the commission of another crime, such as robbery or burglary, may result in the offender facing enhanced penalties.
As dictated by Florida Statute Title XLVI Chapter 790.01, any person who carries a concealed weapon or electric weapon/device (unlicensed under Chapter 790.06) will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000. Under the same statute, any person who carries a concealed firearm that is not licensed under 790.06 will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Keep in mind that any person who carries a concealed weapon as part of a mandatory evacuation issued by the Governor of Florida (keeping with Chapter 870) in a time span of 48-hours will not face criminal charges.
Selling and Delivering Firearms in the State of Florida
Florida Statute Title XLVI Chapter 790.065(1) dictates that any licensed importer, manufacturer, or dealer may not (for any purpose) sell or deliver any firearm (from their inventories) to anyone besides importers, manufacturers, dealers, or collectors who are properly licensed by the State of Florida, until this body has taken the following actions:
- Received a completed form authorized by the Department of Law Enforcement.
- Received a paid fee from the buyer for the procession of a criminal background check authorized by the Department of Law Enforcement.
- Initiated a request for an investigation conducted by the Department.
- Received an approval number for the transaction.
Here is a closer look at potential charges faced by people who have taken part in the illegal sale and/or delivery of firearms:
- Any buyer or transferee who provides false information during the transaction will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- Any dealer importer, manufacturer or dealer who is properly licensed who falsifies information or violates any subtext of the statute will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- Employees and agencies of these licensed manufacturers, importers, or dealers who provide false information or violate any section of this statute will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- 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 be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- Any person who sells a gun to a person who is younger than 21 years will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Possessing and/or Discharging Weapons on School Property
Under Florida Statute Title XLVI Chapter 790.115, any person who brandishes a firearm, knife, sword, electric device, or any other type of weapon (including razor blades) in a dangerous or threatening manner to any individuals within 1,000 feet of school property or inside a school (including school buses and sites of field trips) will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Under this same statute, any person who loads or prepares a firearm in the presence of and within easy reach of a minor will be charged with a 2nd-degree misdemeanor, which is punishable by a 60-day prison sentence and/or a fine that does not exceed $500.
On that note, any person who discharges a firearm (excluding the purpose of self-defense) under these same specifications will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
Discharging Firearms in Public or on Residential Property
Under Florida Statute Title XLVI Chapter 790.15, any person who willingly and intentionally discharges a loaded firearm in any public space (including roadways, highways, streets, occupied residential areas, or open spaces) or negligently discharges this weapon in public will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
Here is a closer look at additional charges people can face for discharging weapons in public:
- Any person (occupying a vehicle) who willingly and intentionally discharges a firearm from this vehicle in the vicinity of 1,000 feet of any people in public will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
- Furthermore, any driver who urges this passenger to open fire on public places will be charged a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- Any person who discharges a firearm for the purpose of target shooting in an area that could endanger members of the public will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000 fine.
Using Firearms While Under the Influence of Alcohol or Other Drugs
As dictated by Florida Statute Title XLVI Chapter 790.151, any person who (while under the influence of alcohol and/or other drugs, including controlled substances) will be charged with a 2nd-degree misdemeanor, which is punishable by a 60-day prison sentence and/or a fine that does not exceed $500.
Discharging Machine Guns
Under specifications laid out in Florida Statute Title XLVI Chapter 790.16, any person who wields and discharges a machine gun (with the intention to inflict bodily harm on people and/or destroy property) will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000.
Improperly Exhibiting Firearms or Weapons in Public
In keeping with Florida Statute Title XLVI Chapter 790.10, any person who improperly and unethically brandishes a weapon or firearm in the presence of other people (not for the purposes of self-defense) will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
Making, Possessing, and/or Throwing Weapons in Florida
Under Florida Statute Title XLVI Chapter 790.161, any person who illegally organizes, manufactures, distributes, and/or throws weapons in the State of Florida will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000. However, if the responsible person intended to inflict bodily harm on a victim (or victims) and/or inflict damage on property, the charges will be increased to a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
In the event that victims have died as a result of throwing these weapons, the culprit(s) will be charged with a capital felony, which is punishable by life imprisonment (for 1st-degree murder) and/or a fine that does not exceed $15,000.
Throwing, Projecting, and/or Discharging of Bombs or Other Destructive Devices
Under Florida Statute Title XLVI Chapter 790.1615, any person who illegally throws, projects, and/or discharges a bomb or other destructive device that inflicts bodily injuries on people (regardless of initial intentions) will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
In the event that the bomb or destructive device inflicts severe physical injuries (including disfigurement) or permanent disabilities (regardless of initial intentions), the culprit(s) will be charged with a 2nd-degree felony, punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
Falsely Reporting the Placement of a Bomb or Other Destructive Device
Under Florida Statute Title XLVI Chapter 790.163, any person who makes a false report (as an intentional act of misleading people) about the placement or planting of bombs or other destructive devices (including dynamite or weapons of mass destruction) will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
Manufacturing and/or Possessing Weapons of Mass Destruction
Keep in mind that, under these terms, a weapon of mass destruction is a device that:
- Has been created to inflict severe bodily harm or killing innocent people.
- Contains a biological agent (e.g. viruses, microorganisms, or infectious chemicals).
- Has been designed to release radioactive chemicals or radiation that can harm or kill human and animal life.
- Contains toxins, vectors, or delivery systems.
Under Florida Statute Title XLVI Chapter 790.166, any person who manufactures, possesses, and/or threatens to use a weapon of mass destruction (or attempts to do so) will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000. Additionally, any person who conducts the same course of action to promote a hoax weapon of mass destruction will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
Handing out Weapons to Minors
Florida Statute Title XLVI Chapter 790.17 states that any person who conducts the sale, trade, or transference of a weapon (excluding pocketknives) to individuals who are younger than 18-years of age without the permission of this person’s parents or guardians, or hands the weapon over to these minors, will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
Likewise, any person who sells a weapon to a minor will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Previous Violent Crime Offenders and Weapons Possession in Florida
Under Florida Statute Title XLVI Chapter 790.235, any person meeting all criteria for the status of violent career criminal under Chapter 775.084(1)(d) who possesses and/or discharges a weapon will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000.