Category: Criminal Offenses · Statute: F.S. 790 · Source: Florida Legislature
Understanding Weapons Offenses Overview in Florida
In Florida, weapons and firearms offenses are governed primarily under Chapter 790 of the Florida Statutes. This broad category of law regulates how individuals can possess, carry, and use firearms, ammunition, and other weapons. Because Florida recognizes both constitutional carry rights and strict regulatory boundaries, a weapons charge often arises from the context in which a weapon is carried or displayed. For example, while carrying a concealed firearm without a permit is generally a third-degree felony, carrying a concealed weapon other than a firearm may be charged as a first-degree misdemeanor.
The severity of a weapons charge in Florida depends heavily on the defendant's prior criminal record and the specific actions involved. A simple lapse in judgment, such as an improper exhibition of a dangerous weapon, is classified as a first-degree misdemeanor. However, possession of a firearm by a convicted felon is a second-degree felony that carries a mandatory minimum prison sentence under Florida's strict sentencing guidelines. Other serious offenses in this category include discharging a firearm in public or shooting from a vehicle, both of which carry severe penalties due to the inherent danger posed to the public.
Bail and Pretrial Release for Florida Weapons Charges
Securing pretrial release for weapons offenses in Florida depends largely on the specific charge and the defendant's criminal history. Under Florida's Dangerous Crimes statute, certain weapons charges, such as use of a firearm during the commission of a felony, can trigger a state motion for pretrial detention, meaning a judge may deny bail altogether. For standard weapons charges where bail is set, judges frequently impose strict supervised release conditions, such as mandatory firearm surrender orders and geographic restrictions, before a defendant can be released on a bond.