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  • Florida Night Club Shooting Sparks Debate About Gun Rights

Florida Night Club Shooting Sparks Debate About Gun Rights

Two children are dead and at least 17 more were wounded by gunshots early Monday morning at Club Blu, a nightclub in Ft. Myers, Florida. The ages of the victims range from 12 to 27. The violence at Club Blu began at 12:30 a.m. Monday morning.

“Her dodging bullets and running, dropping in between cars, it’s ridiculous that these kids have to go through this,” a statement made by Syreeta Gary, mother of a child who successfully avoided being shot outside of Club Blu. “They can’t enjoy themselves because you have other people that have criminalistic minds and they just want to terrorize things.”

The shooting comes more than a month after a nightclub shooting in Orlando that was the deadliest shooting in modern U.S. history. The shooting at the Pulse nightclub on June 12 left 49 victims dead and 53 others wounded.

Controversy Over Open Carry in Florida

In less than two months, two mass shootings have taken place in Florida, sparking an even more intense debate between gun rights activists and pro-gun control groups. According to the Florida Center For Investigative Reporting (FCIR), roughly 75 percent of all homicides in Florida are committed with a firearm. With such a sizeable number of gun violence occurring in Florida, police may be eager to make an arrest, and in doing so they may infringe upon a person's constitutional rights, which may result in an innocent person being arrested for a crime they did not commit.

If you were arrested or believe that you might be under investigation for any kind of criminal offense in Miami, Hialeah City, Homestead, Coral Gables, Doral, Aventura, or another City in the Miami-Dade County of Florida, it is in your best interest to contact a Miami criminal defense attorney as soon as possible.

The Hoffman Firm has helped clients that have been charged with unlicensed carrying of a concealed firearm, felon in possession, domestic violence firearm possession, and using a firearm while under the influence. Call us now at (305) 249-0090 or contact us online to set up your free, confidential consultation.

What does Open Carry mean in Miami-Dade County, Florida?

 The Oxford Dictionary defines the term 'open carry' as the practice of openly carrying a firearm on one's person in public. However, Florida legislatures have defined the state's Open Carry Law a little differently.

 Though Florida is an open carry state, certain factors surrounding a person in possession of a firearm could be considered a criminal act resulting in potential consequences.

 According to Florida Statute 790.053, it is unlawful for any person to openly carry on or about his or her person any firearm except for the purposes of self-defense.  

 However, it is not a violation if:

  1. The person is licensed to carry a concealed firearm, and;
  2. The person is lawfully carrying a firearm in a concealed manner,
  3. To briefly and openly display the firearm to the ordinary sight of another person,
  4. Unless the firearm is intentionally displayed in an angry or threatening manner, and not in necessary self-defense.

 Types of Firearm Offenses in Miami-Dade County:

 The Florida Statutes contain multiple offenses relating to firearms. Some of the offenses in which possession or use of a firearm may be a criminal offense, include:

  •  Unlicensed Carry of a Concealed Firearm (Fl. Stat. Sec. 790.01);
  • Furnishing Weapons to Minors Under 18 Years Old (Fl. Stat. Sec. 790.17);
  • Improper Exhibition of a Firearm (Fl. Stat. Sec. 790.10);
  • Discharging a Firearm in Public or On Residential Property (Fl. Stat. Sec. 790.15);
  • Discharging Machine Guns (Fl. Stat. Sec. 790.16);
  • Felons in Possession of a Firearm (Fl. Stat. Sec. 790.23);
  • Domestic Violence Offenders in Possession of Firearm (Fl. Stat. Sec. 790.233);
  • Using Firearm While Under the Influence (Fl. Stat. Sec. 790.151); and
  • Prohibited Use of a Firearm Against a Law Enforcement Officer (Fl. Stat. Sec. 790.054)

 If you were arrested or believe that you might be under investigation for any kind of criminal offense in Miami, Hialeah City, Homestead, Coral Gables, Doral, Aventura, or another City in the Miami-Dade County of Florida, it is in your best interest to contact a Miami criminal defense attorney as soon as possible.

The Hoffman Firm has helped clients that have been charged with unlicensed carrying of a concealed firearm, felon in possession, domestic violence firearm possession, and using a firearm while under the influence.

 If you find yourself in this situation, it is important to have someone that will help and guide you through the process. It is essential to have someone that will be your voice and has the experience of representing South Florida residents.

We are dedicated to providing you with the best help and are compassionate of your needs throughout this process. Call us now at (305) 249-0090 or contact us online to set up your free, confidential consultation.

 Video Credit: 7 News

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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