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Articles Posted in Firearms

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If you are a convicted felon in Miami, you are not allowed to carry a concealed weapon. In a recent appellate decision, the court considered an appeal from conviction for possession of a concealed weapon by a convicted felon. If you are facing firearms charges, contact a Miami gun crime attorney as soon as possible.

The defendant raised several arguments on appeal. The first argument he raised was that a firearm was not a weapon under Florida Statutes section 790.001(3)(a) and therefore couldn’t be treated as a concealed weapon. The appellate court explained that phrases have to be read within their context, not in isolation and a law needs to be interpreted to provide effect to every clause it contains so that there is harmony or meaning.

A concealed weapon under section 790.001 includes any firearm carried on or about someone so as to hide the firearm from ordinary sight. Firearms include any weapon that can be easily converted to send out a projectile or is designed to do so. It also includes the receiver or frame of that type of weapon. Weapons can include metallic knuckles, tear gas gun, dirk, chemical weapon or device or another deadly weapon carried on someone so as to hide the weapon from ordinary sight.

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In light of many recent school shootings and other well publicized acts of violence including the Travon Martin case, guns and crimes involving guns are a big topic of discussion right now.  In Florida, crimes that involve the use of guns are very harshly prosecuted.  The 10-20-Life Law, also known as “Use a gun and you’re done” is a statute which greatly increases the penalties of several crimes.

To learn more about how Miami Criminal Defense Lawyer, Evan A. Hoffman can help you with your case, contact The Hoffman Firm today.

The 10-20-Life Law is covered under section 775.087 of Florida’s Criminal Code and reads as follows:

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