Gun Charges Lawyer | Florida Defense

Is it still a crime to carry a gun without a license in Florida?

For eligible adults, carrying a concealed firearm without a license has been allowed in Florida since July 1, 2023. The key word is eligible. People who are prohibited from possessing firearms, such as convicted felons, are not covered, and the change did not remove every rule about where or how a firearm may be carried.

Gun charges that remain common include possession by a convicted felon, carrying by someone who is not eligible, and charges where a firearm is involved in another offense. Whether a particular arrest fits under the newer law depends on the person's history and the facts of the stop.

Possession of a firearm by a convicted felon

Under F.S. 790.23, possession of a firearm by a convicted felon is a second degree felony, carrying a 15 year maximum prison term and a $10,000 fine. These cases often begin with a traffic stop or a search where a firearm is found in a car or home shared with other people.

Possession is frequently the contested issue. The state generally needs to connect the firearm to the person charged, not just to the vehicle or residence. Fingerprint and DNA testing, statements, ownership records and where the firearm was located can all bear on that question.

What is 10-20-Life?

The 10-20-Life law, F.S. 775.087, sets minimum mandatory sentences when a firearm is possessed or discharged during certain felonies. It is a large part of why felony charges involving a firearm are treated so seriously in Florida.

The facts matter at a fine level of detail: whether the firearm was actually possessed, whether it was discharged, and how the state proves each point. Those details determine whether the law applies at all.

Stops, searches and firearm evidence

Many gun cases depend on how the firearm was found. A motion to suppress asks the court to exclude evidence obtained unlawfully, for example after a stop without reasonable suspicion. With permitless carry in place for eligible adults, the legal reasons officers give for detaining or searching someone with a firearm can be examined closely.

DUI Lawyers Shield Firm is led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, and offers a free case review for firearm charges.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about gun charges

Permitless carry applies to eligible adults, and people who are prohibited from possessing firearms remain prohibited. Convicted felons are one example, and a final injunction for protection can also affect the right to possess firearms. Eligibility depends on a person's history and the specific rules that apply to them.

Yes, a charge can be filed, because the offense involves possession rather than ownership. The defense question is whether the state can show the person actually possessed the firearm, which depends on where it was found, who had access, and other evidence such as fingerprints or statements.

No. The 10-20-Life law applies when a firearm is possessed or discharged during certain felonies listed in the statute. Whether it applies to a specific case depends on the felony charged and what the evidence shows about the firearm. When it does apply, it brings minimum mandatory sentences.

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