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Gainesville • Alachua County • North Florida
Gainesville Weapons and Gun Crimes Lawyer
Defense for firearm possession, concealed carry, weapons allegations, search-and-seizure issues, and firearm enhancements.
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Florida Weapons & Firearms Resource Center
Gun Charges, Carry Laws, Searches & Firearm Defense
Explore Landsman Law’s guides to firearm possession, concealed carry, weapons offenses, searches, sentencing enhancements, and related defenses.
Common Florida Weapons and Firearm Charges
Florida firearm cases can arise from possession allegations, traffic stops, domestic-violence cases, violent-crime investigations, school incidents, or a separate felony charge involving a firearm.
Possession by a Convicted FelonSection 790.23 prohibits specified felons and certain other persons from owning or possessing firearms, ammunition, or listed weapons.
Improper ExhibitionSection 790.10 addresses displaying a firearm or listed weapon in a rude, careless, angry, or threatening manner when not in necessary self-defense.
Discharging a FirearmSection 790.15 addresses specified firearm discharges in public places, over roads or occupied premises, and on residential property.
Weapons on School PropertySection 790.115 addresses possession, exhibition, and discharge of weapons or firearms at school-sponsored events and on school property.
Firearms During Another FelonyA firearm allegation can affect the degree of another felony or trigger sentencing provisions when § 775.087 applies.
Firearm While Subject to an InjunctionSection 790.233 restricts firearm or ammunition possession by persons subject to qualifying final injunctions.
Vehicle Firearm IssuesSection 790.25 contains rules governing possession in private conveyances, including securely encased firearms and other statutory circumstances.
Restricted PlacesSection 790.06 identifies places where concealed carry is not authorized, subject to statutory exceptions.
Possession of a Firearm or Ammunition by a Convicted Felon
Florida Statute § 790.23 makes it unlawful for specified persons with felony or qualifying delinquency histories to own or have in their care, custody, possession, or control a firearm, ammunition, electric weapon or device, or to carry certain concealed weapons.
These cases frequently turn on possession. The State may allege actual possession—such as a firearm on the person—or constructive possession based on where a firearm was found and who allegedly knew about and controlled it.
Shared vehicles, jointly occupied homes, multiple occupants, access by other people, fingerprints or DNA, statements, body-camera footage, and the legality of the search can become critical issues.
Firearms in Vehicles
Vehicle firearm cases often require careful review of where the firearm was located, whether it was concealed, whether it was securely encased, who owned or controlled the vehicle, and whether the accused knew the firearm was present.
The defense should also examine how police obtained access to the vehicle and whether the stop, detention, consent, probable cause, inventory search, or other search theory was lawful.
Weapons at Schools, Colleges, and Universities
Florida law contains multiple school-related restrictions. § 790.115 addresses weapons and firearms at school-sponsored events and on school property. Section 790.06 separately identifies places where concealed carry is not authorized.
For Gainesville cases involving the University of Florida or another campus, the exact location, type of weapon, status of the person, vehicle storage, and any statutory exception can matter.
Defenses and Legal Issues in Florida Firearm Cases
The available defense depends on the exact charge, possession theory, location, search, underlying felony, and evidence.
No Actual or Constructive PossessionThe State must prove possession or control. Shared vehicles, homes, rooms, and access by others can matter.
Lawful Carry or Statutory ExceptionA person may be authorized to carry or possess a firearm under §§ 790.01, 790.25, or another applicable statutory exception.
Illegal Stop or SearchFirearm evidence may be challenged when police lacked a lawful basis for a stop, frisk, vehicle search, home entry, or warrant execution.
Lack of KnowledgeConstructive-possession allegations may require proof connecting the accused to the firearm and showing knowledge of its presence.
Self-DefenseSome exhibition or discharge statutes expressly distinguish necessary or lawful self-defense from criminal conduct.
Firearm DefinitionWhether an item legally qualifies as a firearm or weapon can become an element issue in some prosecutions.
Restoration or Legal StatusA felon-in-possession case may require examination of the prior conviction, restoration of civil rights, and current legal status.
Insufficient Proof of EnhancementThe prosecution must establish the firearm-related facts and statutory requirements applicable to a requested sentencing enhancement.
Search and Seizure Issues Can Determine the Case
Weapons charges frequently arise after traffic stops, frisks, vehicle searches, home entries, probation searches, search warrants, or seizures during another investigation. The defense should examine the exact basis for the police encounter and whether officers lawfully discovered and seized the firearm.
If a firearm was obtained through an unconstitutional search or seizure, a motion to suppress can affect whether the State may use the firearm and related evidence in court.
10-20-Life and Firearm Enhancements
Florida Statute § 775.087 can reclassify certain felonies when a weapon or firearm is carried, displayed, used, threatened to be used, or attempted to be used, and it contains mandatory-minimum provisions for specified offenses and findings.
Not every case involving a gun triggers a mandatory minimum. The exact underlying offense, charging language, jury findings, and statutory subsection must be reviewed.
Self-Defense and Firearm Cases
A firearm may be displayed or used in circumstances where the accused claims lawful self-defense or defense of another person. The legality of force depends on the facts and the requirements of Florida’s justification statutes.
Evidence may include 911 calls, body-camera recordings, surveillance, witness accounts, injuries, photographs, prior threats, location evidence, and statements made before and after the incident.
Weapons Defense in Gainesville, Alachua County & North Florida
Firearm cases in Gainesville may arise from traffic stops, vehicle searches, University of Florida incidents, domestic disputes, violent-crime investigations, warrants, or encounters with the Gainesville Police Department, Alachua County Sheriff’s Office, University of Florida Police Department, Florida Highway Patrol, or other agencies.
Landsman Law also represents clients in Bradford, Gilchrist, Levy, Union, Columbia, Marion, and Putnam Counties.
Why Choose Landsman Law?
Matt Landsman is a Board Certified Criminal Trial Lawyer with more than 20 years of criminal-defense experience. Firearm cases can require detailed litigation involving possession, search and seizure, self-defense, witness credibility, forensic evidence, and Florida sentencing law.
Landsman Law represents clients from investigation and first appearance through motions, negotiations, trial, sentencing, and appeal.
Frequently Asked Questions About Florida Gun and Weapons Charges
Can I carry a concealed firearm in Florida without a license?
The answer depends on current Florida eligibility rules, the person’s legal status, the location, and the circumstances of carry.
Is open carry legal in Florida?
Florida generally restricts open carry, subject to statutory exceptions and current law.
Can I keep a firearm in my car?
Florida law contains rules for firearms in private conveyances. The exact method of storage and the person’s legal status can matter.
What is constructive possession of a firearm?
Constructive possession generally concerns whether a person knew of the firearm and had the ability to exercise control over it.
Can police search my car because they think I have a gun?
A firearm suspicion does not automatically authorize every vehicle search. The legality depends on the stop, probable cause, consent, warrant, and other circumstances.
What if the firearm belongs to someone else?
Ownership and possession are not identical. Shared spaces, access by others, statements, forensic evidence, and location can all matter.
Does every gun crime trigger 10-20-Life?
No. Section 775.087 applies only when the statute and required firearm findings apply to the particular offense.
Can a firearm charge be challenged through a motion to suppress?
Potentially. If the firearm resulted from an unconstitutional stop, search, seizure, home entry, vehicle search, or warrant, suppression may be litigated.
Speak With a Gainesville Weapons and Gun Crimes Lawyer
If you have been accused of a concealed-firearm offense, felon in possession, improper exhibition, unlawful discharge, a weapons offense on school property, or a felony involving a firearm, Landsman Law can review the evidence and available defenses.
Call (352) 664-9671 for a consultation.
Prior results do not guarantee a similar outcome.