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Owning a firearm is a constitutional right, but Florida surrounds that right with strict rules about who can carry, where, and how. Cross one of those lines, even without meaning to, and you can find yourself facing a criminal charge that puts your freedom, your record, and your future right to own a gun all at risk.
These cases are prosecuted hard in Duval County, and they often begin with a traffic stop or a search that may not have been lawful in the first place.
At Weldon Law Group, PLLC, our Jacksonville attorneys defend clients against gun and weapons charges across Northeast Florida. Attorney Ian Weldon spent more than a decade as a trial lawyer in the Jacksonville Public Defender’s Office, handling the most serious cases the state brings, and he knows how these charges are built and how they can be taken apart.
Weapons cases cover a wide range of conduct, from simple possession by the wrong person to a firearm tied to a violent felony. We defend against all of them.
The most common firearm charges in Northeast Florida include:
Florida’s weapons laws reach well beyond firearms. Charges can also arise from knives, stun guns, brass knuckles, and explosives, depending on the item, how it was carried, and whether it was used in a threatening way. These cases turn on specific statutory definitions, which is often where a defense begins.
Florida’s carry rules have expanded, and eligible adults may now carry a firearm without a license. That change surprises people on both sides of a case, because it does not mean anything goes.
Two limits still create most charges. First, the freedom to carry applies only to those who are legally eligible, so a prohibited person or someone under the required age can still be arrested for the very same act. Second, location and conduct rules remain fully in force, so carrying into a banned location, onto private property after being told to leave, or handling a weapon in a threatening way is still a crime. Knowing exactly where those lines fall is the difference between a lawful act and an arrest.
The stakes climb sharply when a firearm is connected to another felony. Under Florida’s 10-20-Life law, Fla. Stat. §775.087, simply having a gun during certain serious felonies adds a mandatory minimum prison term, even if it was never fired.
Firearm’s role in the felony | Mandatory minimum prison |
Possessing a firearm during the felony | 10 years |
Discharging the firearm | 20 years |
Shooting someone, causing injury or death | 25 years to life |
The critical point is that these are mandatory. A judge cannot reduce them below the minimum, which is why they attach to charges like armed robbery and other violent crimes. Keeping an enhancement from attaching in the first place, by challenging whether the firearm element truly applies, is often the single most valuable part of the defense.
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A weapons conviction reaches far beyond a sentence. Depending on the charge, the consequences can include:
The loss of gun rights is especially hard to reverse, since restoring them requires a separate and difficult clemency process. That is one more reason the outcome of the case matters so much.
An arrest is not a conviction, and weapons cases are frequently more vulnerable than they appear. The right defense depends entirely on the facts of how the weapon was found and who it truly belonged to.
Most gun cases begin with a search, a traffic stop, or a seizure, and that is exactly where many of them can be won. If police lacked a lawful basis to stop you, search your car, or seize the weapon, the evidence may be suppressed, and without the weapon in evidence, the case can collapse entirely. Scrutinizing how the firearm was discovered is usually the first thing we do.
Beyond the search itself, several defenses may apply:
For anyone who is not a U.S. citizen, a firearm offense carries a hidden second penalty. A firearm conviction is its own ground for deportation under immigration law, and it can jeopardize a visa or green card regardless of the criminal sentence.
Because our firm handles criminal defense and immigration together, we defend your case with its immigration consequences in view from the start, so a plea that looks manageable in criminal court does not quietly end your ability to stay in the country.
It is easy to feel that a gun case is hopeless once the weapon is in evidence, but that is rarely true. These cases hinge on how the evidence was gathered and how the law is applied to the facts, and both are open to challenge. What we bring to a weapons defense:
Question | Answer |
Can I keep a firearm in my car in Florida? | Generally yes, if you are legally allowed to possess a firearm. Eligible adults may carry in a vehicle, and even those too young to carry openly may keep a firearm securely encased or not readily accessible while traveling. This does not apply to people barred from having a gun at all, such as convicted felons, for whom possession remains a serious felony. How the gun is stored can decide whether a charge holds up. |
Can a convicted felon ever own a firearm again? | It is possible but difficult. Florida restores firearm rights lost to a felony only through its discretionary, slow clemency process. Until rights are formally restored, possession remains a serious felony. |
What happens if a business asks me to leave with my firearm? | Private property owners can prohibit firearms, and refusing to leave when asked can result in an armed trespass charge, typically a felony. The expanded carry laws do not override a property owner’s rights. |
Can I be charged for a gun that was not mine? | Yes, under the theory of constructive possession, but the state must still prove you knew about the weapon and had control over it. When a firearm is found in a shared car or home, that is frequently open to challenge. |
Are knives, stun guns, or brass knuckles treated as weapons? | They can be. Florida law covers many weapons beyond firearms, and whether a particular item qualifies, and how it was carried or used, determines the charge. These definitions are technical and often contestable. |
Can a weapons charge be cleared from my record later? | It depends on the outcome. A charge that is dropped, dismissed, or resolved without a conviction may be eligible for sealing or expungement, while a conviction generally cannot be cleared. |
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