Jacksonville Criminal Lawyer Blog

In a recent criminal case in Jacksonville, Florida, the police were executing a search warrant at the defendant's home and found several guns throughout the house along with ammunition for some of the guns. The defendant had previously been convicted of a felony. In Florida, a convicted felon is not permitted to own or possess a firearm. Possession of a firearm by a convicted felon is a serious felony crime for which the state often recommends jail or prison time.

In this case, all of the guns and the ammunition were found in the same home (although in different places within the home) and during the same search. The state charged the defendant with multiple counts of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon- one count of possession of a firearm by a convicted felon for each firearm and one count of possession of ammunition by a convicted felon for all of the ammunition.

A motion to dismiss the charges was filed alleging that the state was only permitted to charge the defendant with one count of possession of a firearm or ammunition by a convicted felon for all of the items found in the home. Based on the wording of this criminal statute, the state was not allowed to file multiple charges for the multiple firearms or even separate charges for the firearms and ammunition. The judge's ruling was mixed, and we eventually appealed to the appellate court.

The appellate court ruled for the defendant. The statute making it a crime to possess a firearm(s) or ammunition after having been convicted of a felony was written in such a way that the state is limited to charging just one count of either possession of a firearm by a convicted felon or possession of ammunition by a convicted felon in a situation where the polcie find multiple firearms and/or ammunition during a single incident.

This has at least two significant benefits for the defendant. The crimes of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon are serious charges and carry maximum penalties of 5 years in prison for each count. Limiting the state to a single charge obviously limits the defendants exposure to a greater prison sentence. Also, when the state presents the jury with several gun and ammunition charges, it has the effect of prejudicing the jury and making the case and the defendant look worse than they really are. Therefore, limiting the state to one charge does not unfairly prejudice the defendant before the jury hears the evidence.

Normally in Florida, the police cannot search a person or his/her vehicle, home or other belongings without probable cause and a search warrant or consent to search. Students in school do not enjoy those same protections from searches and seizures by police or school officials.

In a recent gun case in Jacksonville, Florida, a school received an anonymous tip that a student at the school had carried a gun on school grounds three months earlier. When school officials learned of the anonymous tip, the school resource officer and security guard took the student to the security office where he was searched. A gun was found on the student. The student was charged with carrying a gun on school grounds.

Outside of the school context, this search would never be legal. First, an anonymous tip that is not corroborated by specific observations is not sufficient to search someone without permission. Additionally, a tip that someone was carrying a gun three months earlier would be considered stale and, even if reliable, would not be sufficient probable cause to search someone three months after the alleged criminal conduct occurred.

However, the Florida courts recognize that the school context is different. Rather than using the normal probable cause standard for searches, the courts will uphold a search by school officials if it is determined to be reasonable. Because of the great potential for danger to children at schools, along with the well-publicized shooting incidents we have seen, the judges give school officials a lot of leeway when determining whether a search was reasonable under the circumstances.

In Florida, if a person has been convicted of a felony crime, it is thereafter illegal for that person to possess a firearm (or ammunition) or carry a concealed weapon. There are distinctions between those two crimes. The first part deals with possession and firearms (although it should be noted that ammunition and electric weapons are also included in this crime). Possession means more than just having the firearm on one's person. The firearm can be in the person's car or home or in proximity to the person, and if the state can prove the person knew it was there and maintained some control over the firearm, the state may be able to prove the person was in possession of the firearm. In that case, the person can be charged with possession of a firearm by a convicted felon.

The other crime referenced in this statute deals with carrying weapons. Carrying is certainly narrower than possession. To prove that a convicted felon was carrying a concealed weapon, the state must prove that the person actually had actual possession of the weapon. It is not enough for the state to prove the person had a weapon near him/her or had it in his/her home or vehicle. But the second part is broader. A weapon is not limited to a firearm. It can include a knife or boxcutter or something similar that can be used to cause a serious injury to someone. Of course, not every convicted felon carrying a knife or boxcutter is committing a serious crime. Some people use those items to work, eat and perform routine activities. However, if the state can prove that the person is a convicted felon and is carrying a concealed knife, boxcutter or similar item for use as a weapon, then the state may be able to prove the crime of possession of a concealed weapon by a convicted felon.

Florida laws have become much tougher on all illegal conduct involving weapons, particularly firearms. It is illegal for a person in Florida to possess any weapon, including a gun, taser, knife or other weapon on school grounds unless it is specifically authorized by the school. There are some exceptions to this rule. A person 18 years of age or older can have a gun or other weapon at school for a lawful purpose in his/her vehicle if the gun or other weapon is in his/her vehicle inside a secure case or otherwise not easily accessible for immediate use.

A violation of this law in Florida is a third degree felony punishable by up to five years in prison. And prosecutors and judges do take gun crimes seriously, particularly when schools are involved. Therefore, if you are ever in a position to take a gun or other weapon to school, make sure it is either for a school sponsored event and cleared by the school or locked away in a secure case in the vehicle. If the gun or weapon is possessed without authorization by the school or somewhere where it is not secured away, a felony arrest for unlawful possession of a weapon may result.

It is a serious felony crime in Florida for a person to possess a firearm after having been convicted of a felony. That is a fairly straightforward crime, but there are other aspects of the crime that are not so obvious. It does not matter where the person obtained the felony conviction. If a person was convicted of a felony in any state, that person cannot possess a gun in Florida. Additionally, if a person was adjudicated delinquent as a juvenile and is under 24, that person cannot possess a firearm in Florida.

Possession does not just mean actual possession, i.e. holding it in one's hand or having the gun in one's pocket. Possession can include constructive possession of the firearm which can be established with proof that the person knew the gun was present and had dominion and control over the gun. For instance, if a person is driving his car by himself and a gun is found in the glove compartment with other items belonging to that person such as a wallet, a good argument can be made that he is in constructive possession of the firearm.

The crime of possession of a firearm is not limited to guns. Once a person has been convicted of a felony, that person cannot possess ammunition or an electric weapon or device such as a taser.

The crime of possession of a firearm by a convicted felon is very serious and can carry significant penalties. It is either a second degree felony with a potential penalty of 15 years in prison or possibly a first degree felony punishable by life in prison depending on the circumstances.

In Florida, the police are not authorized under the Constitution to stop a person based merely on a tip that the person has a concealed weapon. Consider a criminal case that was decided recently where a person sees the defendant in a restaurant flashing his gun by lifting his shirt and showing the gun in his waistband. That person finds a police officer and tells him that the suspect is flashing a gun in public. The suspect was not, however, pulling the gun out, waiving it or threatening anyone. The police officer then proceeds to stop the suspect, seize his gun and arrest him for carrying a concealed weapon without a permit.

Is this a valid arrest in Florida? No. The key to understanding why this was an improper stop and an improper arrest is the law that a person is allowed to carry a concealed gun or other weapon with a permit. Because of that law, the mere fact that a person has a gun in public does not mean he/she is committing a crime. Therefore, when an informant or police officer sees someone with a handgun in public, that is not evidence of a crime, assuming that person is not waiving the gun around or threatening anyone with it. Because there was no evidence of a crime, the police officer was not justified in stopping and arresting the suspect. If the police officer somehow knew before the stop that the suspect did not have a permit for the concealed gun or saw the suspect threatening someone with a gun, that would be evidence of a crime and a valid basis for a stop. However, mere possession of a concealed weapon is not evidence of a crime. It is not up to the suspect to prove he/she has a permit for the concealed weapon once he/she's been stopped, it is up to the police to establish specific facts indicating a crime is taking place before he/she stops the suspect.

Applications for concealed weapons permits in Florida have increased significantly this year, according to an article on News4Jax.com. It is expected that the Florida Department of Agriculture and Consumer Services, which processes the concealed weapons permit applications and issues the permits, will receive approximately 150,000 applications in 2009. The article indicates that there are approximately 6 million gun owners in Florida.

We get calls from people who are in danger of losing their concealed weapons permit for various reasons and need help retaining it. Some people are in danger of losing their concealed weapons permit and do not even realize it.

A license to carry a concealed weapon or firearm is valid for seven years and does just what it says- it allows you to carry a concealed weapon or firearm. However, you must also carry the license and identification at all times when carrying the concealed weapon. Most people are eligible to obtain a concealed weapons permit. If you are over 21, a U.S. citizen or a permanent resident alien, not a convicted felon, physically capable of safely handling a weapon or firearm, do not have a history of drug or alcohol abuse and can pass the firearms course, you are probably eligible for a concealed weapons permit.

However, once you have obtained a concealed weapons permit, you can lose it for various reasons: if you become legally incapacitated, are committed to a mental institution, get convicted of a felony or misdemeanor domestic violence charge or have a repeat violence or domestic violence injunction granted against you.

Most of these are fairly obvious. However, the injunction factor can be tricky. First, domestic violence and repeat violence injunctions are often granted based on questionable evidence and the word of one person against the other. Judges often take the "safer" route and grant an injunction against a person although the evidence is weak. Unfortunately, this affects a person's right to carry a concealed weapon. Second, many people do not know that such an injunction causes a person to lose his/her concealed weapons permit.

If you have been served with a petition for injunction and either have a concealed weapons permit or intend to get one, keep in mind the injunction may cause you to lose your concealed weapons permit or prevent you from getting one. If you have any questions about the injunction process and have to defend against it, contact us for a free consultation.

Many states, including Florida, allow qualified residents to apply for and obtain concealed weapons permits. These permits allow the person to carry a concealed weapon, such as a firearm, in their vehicles and other concealed places. In Florida, carrying a concealed firearm without such a permit is a third degree felony punishable by up to five years in prison; carrying a concealed weapon (non-firearm, such as a knife), without authorization is a misdemeanor.

The laws of each state are different, and particulars regarding how and where a person can carrying a concealed firearm or weapon are not the same in each state. As a result, if a person has a concealed weapon permit in one state and travels to another that has different laws regarding how that weapon can be concealed, that person may be violating the concealed weapon law of the second state even though he/she has a valid concealed weapon permit and is following the law of his/her home state. The new proposal would make it clear that a person who has a concealed weapon permit from one state can travel into other states with the concealed weapon as long as the other state also issues concealed weapon permits.

One group that would welcome such a law is semi truck drivers who constantly travel across state lines and often have to stop in dangerous and secluded areas while carrying valuable cargo. Truck drivers are at greater risk of becoming robbery targets and should have the right to protect themselves when they are on the road.

Consider a person who works at a business in Jacksonville, Florida who carries a handgun that is concealed on his/her person or keeps a gun concealed close by in order to protect the business from robbers. If a police officer comes into that business and finds the employee with the concealed firearm, can that employee be arrested for the Florida crime of carrying a concealed firearm, which is a third degree felony punishable by a maximum of five years in prison (assuming the search by the police officer was valid for the purposes of this example)? It seems obvious that the Second Amendment and Florida law would allow a person to keep a concealed firearm in his/her place of business for protection. However, several people have been arrested by police over the years in Florida for doing just that, and they have been convicted.

So, the question remains: Can a person in Florida carry a concealed gun at his place of business? The answer most likely is yes. It is a crime in Florida to carry a concealed firearm on or about one's person without a permit. However, the law also says that a person is permitted to possess a firearm at his/her home or place of business? The confusion arises over the phrase: "his/her . . .place of business." State prosecutors have argued that a person must be in a place of business that he/she actually owns or possesses (i.e. leases). State prosecutors have argued that mere employees of a business who do not own the business are not permitted to carry a concealed firearm at that business. This seems like an attempt to twist the meaning of the law for something other than its intended purpose. This issue has not been ultimately decided and the law could certainly change, but as I read it, a person is permitted to carry a concealed firearm at a business as long as he/she owns the business or works at the business. However, the law does not specifically account for a situation where the company policy prevents employees from possessing firearms at work.

Additionally, this exception to the carrying a concealed firearm law in Florida is different for a home. A person may be properly arrested and charged with carrying a concealed firearm if he/she carries a concealed firearm at the home of another person.

If you have been arrested on a gun charge in the Jacksonville, Florida area or have any questions regarding the laws pertaining to concealed firearms or other weapons, contact a criminal defense lawyer who knows the laws in this area so you can fully understand your rights regarding gun ownership and possession in Florida.

The Florida crime of carrying a concealed firearm is committed when a person carries a concealed firearm on his person without a proper license. In Florida, this crime is a third degree felony. When a person who is lawfully licensed to carry a concealed firearm while off-duty such as a police or other law enforcement officer or a reserve or auxiliary officer with the Florida Fish and Wildlife Commission becomes inactive, can he/she still still carry a concealed weapon?

According to Florida law, it will depend on whether that person's certification remains intact. All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers (which is defined at Florida Statutes § 943.10(1), (2), (6), (7), (8) & (9)) may carry a concealed weapon. So, the question is not whether the person is active in his/her particular law enforcement-related position, but whether his/her certification remains active. A person who is an inactive law enforcement officer, or even suspended, whose certification has not been suspended is not criminally liable for carrying a concealed weapon under recent Florida law.

In only four months of this school year, Jacksonville, Florida school officials have found twelve guns in Jacksonville area schools, according to an article on News4Jax.com. As school administrators indicated, they may address this problem by increasing searches of students including random searches of their backpacks, their lockers, classrooms and school buses. Not long ago, we discussed an extreme case of school officials strip searching a young student when they suspected she had Advil in her possession. We discussed that students do have the Fourth Amendment right to be free from unreasonable searches and seizures, however that right is qualified somewhat in the school setting. School officials can search students if it is justified and reasonable and the search does not excessively intrude upon the student as a strip search of a young female student to find Advil clearly did.

Based on Constitutional law, school officials generally could have a right to conduct searches in their schools to make sure guns are not brought into the school. However, whether a search of any individual student is Constitutionally legal would depend on the circumstances of the case and the nature of the search.

A Jacksonville, Florida woman was arrested for, among other crimes, keeping a loaded handgun in the center console of a car that her daughter had driven to Lee High School , according to an article on www.News4Jax.com. The mother was arrested on charges of child abuse and failure to store a firearm in a safe manner.

Under Florida criminal law, what are the requirements for safely storing a firearm? According to the safe storage of firearms Florida statute, it is unlawful for a person to leave a loaded gun in a place under his/her control when he/she knows or should know that a minor is likely to obtain possession of the gun without the proper permission and supervision. The Florida law requires that the gun be kept in a securely locked container or similarly secure location (unless it is lawfully kept on the person's body).

In Florida, violation of this crime is a second degree misdemeanor if a minor improperly gains access to the firearm and either possesses it or exhibits it in public or in a threatening manner. Leaving a gun in an unsecured place where a minor can access it can be a felony crime in the third degree in Florida if, with few exceptions, a minor obtains the gun and uses it to inflict injury or death upon the minor him/herself or another person.

it is unclear from the article if these criminal laws apply to the woman recently arrested in Jacksonville, as it is not indicated whether the minor actually obtained possession of, or exhibited, the gun.

No, according to a recent Florida criminal case. The Florida carrying a concealed weapon law provides that it is a third degree felony for a person to carry a concealed firearm on or about his person without a license. However, there is an exception under Florida law which allows a person 18 years of age or older to carry a concealed firearm or other weapon without a license if that person is traveling in a private conveyance (such as a motor vehicle) and the weapon is securely encased or otherwise not readily accessible for immediate use. This exception does not allow a person to carry a concealed firearm or other weapon on his or her person. This is called the private conveyance exception. In other words, an adult can carry a concealed handgun or other weapon without a license in a vehicle if the gun is kept in some secured case or is otherwise not easily available for immediate use. An example might be to keep a handgun in a case in the truck of a vehicle.

In the recent Florida criminal case, a person was arrested and charged with carrying a concealed weapon after police saw that he carried a .40 caliber handgun in a closed zipper pack around his waist while driving a motorcycle. The defendant did take the gun out in a threatening manner while driving the motorcycle.

The criminal defense lawyer argued that the defendant was not guilty of the crime of carrying a concealed weapon because the private conveyance exception applied. The court agreed that the motorcycle was a private conveyance and the gun was "securely encased" in the closed zipper pack. However, because the defendant kept the gun on his person, the exception did not apply and the defendant's conviction for felony carrying a concealed weapon was upheld. Of course, it did not help that the defendant pulled the gun out while he was driving his motorcycle which indicated that the gun was readily accessible for immediate use. The defendant would have been better off keeping the gun in a closed compartment in or on the motorcycle.