Florida Association of Criminal Defense Lawyers
Broward Association of Criminal Defense Lawyers
American Bar Association Badge
United States District Court - Southern District of Florida - Badge

Firearm and Weapon Offenses

The Second Amendment to the United States Constitution and Section 8 of Article I in the Constitution of the State of Florida both state that the right of the people to keep and bear arms shall not be infringed. Many laws, however, restrict the places that guns and other weapons may be carried and the ways in which they may be used.

When a person is arrested for any kind of firearm or weapon-related crime, the consequences can be severe. In addition to possible incarceration and fines, alleged offenders can also lose their rights to bear arms.

Lawyer for Firearm and Weapon Offenses in Miami-Dade County, FL

If you have been arrested for any kind of gun or other weapon-related crime in Florida, you should not delay in retaining legal counsel. The Hoffman Firm fights to protect the rights of clients throughout the greater Miami-Dade County area.

Miami criminal defense attorney Evan A. Hoffman represents residents of and visitors to Miami, North Miami, South Miami, Miami Beach, Coral Gables, Aventura, Key Biscayne, Hialeah, Opa Locka, and many surrounding areas. Call (305) 249-0090 right now to take advantage of a free consultation that will let our lawyer review your case and explore your legal options.

North Miami Weapon and Firearm Crimes Information Center

Back to top

Florida Firearms and Weapons Definitions

Certain laws apply to certain types of weapons. It is important to understand how state law defines each term.

Florida Statute § 790.001 provides the following definitions for different kinds of weapons and firearms:

  • Antique Firearm — Any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
  • Concealed Firearm — Any firearm which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
  • Concealed Weapon — Any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
  • Dart-Firing Stun Gun — Any device having one or more darts that are capable of delivering an electrical current.
  • Destructive Device — Any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. This term does not include a device which is not designed, redesigned, used, or intended for use as a weapon; any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device; any shotgun other than a short-barreled shotgun; or any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.
  • Electric Weapon or Device — Any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
  • Explosive — Any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including shotgun shells, cartridges, or ammunition for firearms; fireworks; legally possessed, purchased, sold, transported, or used smokeless propellant powder or small arms ammunition primers; legal quantities of black powder used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.
  • Firearm — Any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. This term does not include an antique firearm unless the antique firearm is used in the commission of a crime.
  • Machine Gun — Any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
  • Short-Barreled Rifle — A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
  • Short-Barreled Shotgun — A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
  • Slungshot — A small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.
  • Tear Gas Gun or Chemical Weapon or Device — Any weapon of such nature, except a device known as a self-defense chemical spray, which is defined as a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.
  • Weapon — Any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

Back to top

Types of Firearm and Weapon Offenses in Miami-Dade County

The Florida Statutes contain multiple offenses relating to weapons. With several crimes, the possession or use of certain weapons can be an aggravating factor that triggers enhanced penalties.

Some of the offenses in which the possession or use of the firearm or weapon itself may be the crime include:

  • Carrying a Concealed Weapon;
  • Improper Exhibition of Dangerous Weapon or Firearm;
  • Discharging a Firearm in Public;
  • Using Firearm While Under the Influence; and
  • Prohibited Use of a Firearm Against a Law Enforcement Officer.

Back to top

Florida Resources for Firearm and Weapons Offenses

Miami Field Division | Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — The ATF is a federal agency within the United States Department of Justice that, among other responsibilities, investigates and prevents federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives. The ATF has multiple field divisions throughout the United States as well as international offices. On this website, you can learn more about the agency’s Miami Field Division, find answers to questions about firearms and explosives, and view numerous kinds of data and statistics.

ATF Miami Field Division
11410 Northwest 20th Street, Suite 201
Miami, FL 33172
(305) 597-4800

National Rifle Association of America (NRA) — The NRA is a nonprofit 501(c)(4) social welfare organization that advocates for gun rights and identifies itself as “America's foremost defender of Second Amendment rights.” On this website, you can learn more about NRA programs, news, and publications. You can also find information on upcoming NRA events.

Back to top

The Hoffman Firm | Firearm and Weapon Offenses Lawyer in Miami, Florida

Have you been charged with a gun or weapon-related crime in Florida? The Hoffman Firm aggressively defends clients in Miami-Dade County, including Miami, South Miami, North Miami, Miami Beach, and surrounding areas.

Evan A. Hoffman is a criminal defense attorney in Miami who uses his experience as a former Assistant State Attorney to get criminal charges reduced or dismissed for the people he represents. You can have him review your case when you call (305) 249-0090 or fill out an online contact form to schedule a free, confidential consultation.

Back to top

Client Reviews
"I found myself in an unfortunate situation. A fried gave me Evan' s personal number and we spoke for over an hour. I felt so reassured and grateful for his time. Needless to say I write this review with great pleasure. A call to thank evan would not be justified as I want anyone who ever finds themselves in my situation to know who to call. Thank you evan I cannot say enough good things about you." Alexander
Mr. Hoffman was able to get my offenses reduces to a lesser degree. His fees are one of the lowest that I could find for the type of representation that I required. If I ever need to be represented by an attorney I would surely use Mr. Hoffman again. C. Wright
“HE’S THE BEST!!” If I could give a 10 stars I would. Very professional, kind and understanding. Very prompt in returning my phone calls and updating me on everything. He provided his cell phone number in case I had any question or concerns. I RECOMMEND HIM. He takes his time with you and makes sure you understand STEP BY STEP. So GLAD I picked him. GOT HIM ON SPEED DIAL. Hopefully this helps someone in knowing that they will not be wasting their money. Claudia