Category: Criminal Offenses · Statute: F.S. 790.065 · Source: Florida Legislature
Understanding Weapons Trafficking in Florida
In Florida, weapons trafficking is primarily prosecuted under Florida Statute Section 790.065, which regulates the sale and delivery of firearms. Under this statute, trafficking offenses often arise from "straw purchases"—where an individual purchases a firearm on behalf of someone else who is legally prohibited from owning one—or when a person knowingly sells, delivers, or transfers a firearm to a prohibited buyer, such as a convicted felon, a minor, or an individual with a disqualifying mental health history. It also encompasses unlicensed commercial dealing and the distribution of stolen firearms. To secure a conviction, the state must prove the seller knew or had reasonable cause to believe the buyer was legally ineligible to possess the weapon.
Because Florida strictly regulates the flow of firearms, violating these transfer laws is classified as a second-degree felony. This charge carries severe statutory penalties, including up to 15 years in state prison, 15 years of probation, and fines of up to $10,000 per violation. The offense is distinct from simple possession; it targets the illicit supply chain and the commercial distribution of weapons into the illegal market, making it a high-priority target for both state task forces and federal agencies like the ATF.
Bail and Pretrial Release for Florida Weapons Trafficking
Due to the inherent public safety risks associated with illegal firearm distribution, defendants facing weapons trafficking charges under Section 790.065 often face stringent pretrial conditions. At the first appearance hearing, judges frequently set high monetary bond amounts to deter flight and protect the community. Additionally, the court routinely imposes strict non-monetary conditions, such as a absolute prohibition on possessing any firearms or ammunition, mandatory surrender of existing weapons, and active GPS monitoring while the case is pending trial.