TAMPA WEAPONS AND FIREARMS LAWYER

Florida Statute 790.15 – Discharging Firearm in Public or On Residential Property

To knowingly discharge a firearm in public or to recklessly or negligently discharge a firearm outside on a residential property is a violation of Statute 790.15 and is considered a first-degree misdemeanor. 

If you knowingly and willfully discharge a firearm from a vehicle that is within 1,000 feet of a person, you will violate Statute 790.15(2). This is considered a second-degree felony and could result in a prison sentence of up to 15 years, 15 years probation, and a $10,000 fine. 

Florida Statute 790.161 – Making, Possessing, Throwing, Projecting, Placing, or Discharging Any Destructive Device

You violate Statute 790.161 if you willfully and unlawfully possess, make, project, throw, place, or discharge a destructive device or attempt to do so. Violating this statute is a third-degree felony. 

If you intended to cause property damage or bodily harm, or the act disrupted government operations, commerce, or another person’s private affairs, it is considered a second-degree felony. If this action results in bodily harm or property damage, it is considered a first-degree felony, but if it causes a death, it’s regarded as a capital felony. 

Florida Statute 790.23 – Possession of Firearm By a Convicted Felon or Delinquent

It is against the law if you are a previously convicted felon and knowingly own control or are in possession of a firearm, according to Statute 790.23. This statute also applies to anyone previously convicted of a delinquent criminal act that would be considered a felony if they were an adult at the time of the crime and under the age of 24. Deadly weapons under this statute include an electric weapon or device, ammunition, tear gas, or other chemical weapon. Violating this Florida law is considered a second-degree felony and is a level-five offense. If you had actual possession of a firearm compared to constructive possession, you could face a minimum mandatory sentence of three years in prison. 

Actual possession of a firearm is committed if:

• A firearm is in the hand of or on the person; or
• So close that it is within ready reach and is under that person’s control; or
• In a container in a person’s possession.

Constructive possession of a firearm occurs in an area that the accused has control of or has concealed. Being convicted of actual or constructive possession could result in up to 15 years in prison, 15 years probation, and/or up to $10,000 in fines. 

This statute does not apply to anyone that was convicted of a felony that had their civil rights and firearm authority restored or anyone with a criminal history expunged under Statute 943.0515(1)(b).