Miami Weapons Charges Attorney
Miami Weapons Offense Defense Lawyer
Firearms and weapons charges in Florida can have serious consequences, particularly when other criminal charges are involved. Florida’s firearm-enhancement laws can impose mandatory minimum sentences for specified offenses and conduct; they do not apply to every weapon or every crime. Whether you have been charged with illegal possession of a firearm or ammunition by a convicted felon, firing a weapon and injuring someone, unlawful possession of a machine gun, gun trafficking or any other weapons offense, you need an aggressive criminal defense attorney in your corner.
Valiente Law routinely defends clients against weapons charges in Miami, Fort Lauderdale, West Palm Beach and throughout the state. While Floridians have the right to own and carry firearms, a conviction for a weapons violation can result in fines, imprisonment, and the loss of your civil rights. With so much at stake, you need the first-rate legal representation we are capable of providing.
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Types of Weapons Charges in Florida
Weapons charges range from misdemeanors to felonies, and the possession and use of other weapons (e.g., tasers, brass knuckles, tear gas gun), can also lead to weapons charges. Types of weapons charges in the state include:
- Unlawful possession of a firearm
- Unlawful discharge of a firearm
- Illegal sale of a firearm/gun trafficking
- Carrying a concealed firearm
- Possession of a stolen firearm
- Manufacturing of firearms
Although the right to bear arms is protected by the Second Amendment and the Florida State Constitution alike, it is illegal for certain individuals to own or possess firearms. Restrictions can arise from felony convictions, qualifying court orders, mental-health adjudications, unlawful controlled-substance use and other state or federal law. Firearm-rights restoration is a separate issue from general civil-rights restoration. Age restrictions vary for purchase, possession and carrying. Eligible adults may carry concealed without a license under Florida’s permitless-carry law effective July 1, 2023; identification duties and prohibited-place restrictions still apply. Serious penalties also apply to gun trafficking, manufacturing of firearms or using a weapon during the commission of a crime.
Enhanced Penalties for Weapons Violations in Florida
Section 775.087 contains distinct reclassification and mandatory-minimum provisions. For qualifying listed felonies, actual possession of a firearm or destructive device can trigger a ten-year minimum; discharge can trigger twenty years; and discharge causing death or great bodily harm can trigger a minimum term within the statutory range of twenty-five years to life. Exceptions, different minimums for certain offenses or weapons, required findings and the offense date can change the result. A knife or other weapon does not automatically trigger these firearm minimums.
In addition, federal weapons charges with strict sentencing guidelines may apply in cases that involve gun trafficking, manufacturing of weapons, or if the accused qualifies as an “Armed Career Criminal.”
Florida Purchase Restrictions
The 2018 Marjory Stoneman Douglas High School Public Safety Act established restrictions including:
- Minimum age — Florida generally prohibits firearm purchases by people under 21, subject to statutory exceptions; possession and carrying have separate rules;
- Waiting period — Gun buyers (without a valid Florida Concealed Weapons License) must wait three days, or until a background check is completed (whichever is longer) to complete the sale; and
- Ban on Bump Stocks — Devices that enable semi-automatic rifles to fire more rapidly, mimicking an automatic weapon, are prohibited.
Miami Weapon Possession Defense Attorney
In response to a series of mass shootings and gun violence in general, weapons violations have become a pressing concern for prosecutors as well as the public at large. In order to enforce your rights as a gun owner and/or to fight back against weapons charges in this environment, it is crucial to have a dedicated advocate on your side.
At Valiente Law, we have a proven track record of successfully defending our clients against weapons violations in state and federal court. Our experienced criminal defense attorneys will develop the best line of defense for your case. We will aggressively defend your rights by investigating all aspects of your case, including whether your rights were violated by law enforcement (e.g. illegal search and seizure, failure to recite the Miranda Warnings).
For a concealed-carry charge, we examine both license-based and permitless-carry eligibility, the location and manner of carrying, and any applicable vehicle or other exception. Since the September 2025 McDaniels decision, the general open-carry ban has been held unconstitutional; other possession, prohibited-location and improper-display laws remain relevant. See our current Florida gun-law guidance.
Why You Should Call Valiente Law to Handle Your Weapons Charges
Ultimately, it is in your best interest to call Valiente Law as soon as possible if you are facing weapons charges. We will work diligently to design a successful defense strategy and help you navigate the criminal justice system. Above all, our objective is to secure your freedom and preserve your rights as a gun owner.
Call our office today at 305.764.5460 or complete the online contact form to set up a free consultation.
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Miami Weapons Offense Defense Lawyer