Gun and Weapons Charges Defense in West Palm Beach
Florida prosecutes gun and weapons charges aggressively. A conviction can mean mandatory minimum prison time, a permanent felony record, and the loss of your right to possess a firearm. Some of these charges carry sentences fixed by statute, leaving a judge little or no discretion at sentencing. That is what makes defending these cases so consequential.
If you have been charged with a gun or weapons offense in South Florida, call Jeacoma Law today for a confidential consultation.
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- GUN AND WEAPONS CHARGES IN FLORIDA
The 10-20-Life Law
One of the most important statutes in Florida firearm cases is § 775.087, Fla. Stat., known as the 10-20-Life law. It imposes mandatory minimum sentences when a firearm is possessed or used during the commission of certain enumerated felonies, including murder, robbery, burglary, aggravated battery, kidnapping, carjacking, drug trafficking, and possession of a firearm by a felon, among others, regardless of whether the use of a weapon is an element of the underlying charge.
- Actual possession of a firearm during a qualifying felony: A 10-year mandatory minimum. For burglary of a conveyance, the minimum is 3 years, and for possession of a firearm by a felon, it is also 3 years.
- Discharge of the firearm: A 20-year mandatory minimum applies.
- Discharge causing death or great bodily harm: A mandatory minimum of 25 years, with a maximum of life.
These minimums bind the judge. Once the firearm element is charged and proven, the court cannot impose a lesser penalty; only the prosecutor’s charging decisions can take the minimum off the table, and gain-time does not apply until the minimum has been served. This is why the defense of the underlying charge and any pretrial motions challenging the evidence matter so much when the 10-20-Life law is in play.
Common Gun and Weapons Charges in Florida
- Possession of a firearm by a convicted felon (§ 790.23):One of the most frequently prosecuted firearm offenses in Florida. It is unlawful for anyone convicted of a felony in Florida or any other jurisdiction to own, possess, or control a firearm, ammunition, or an electric weapon. The prohibition covers both actual possession (the firearm was on your person) and constructive possession (it was in a place you controlled, such as a vehicle or home). A violation is a second-degree felony punishable by up to 15 years in prison, and actual possession of a firearm carries a 3-year mandatory minimum. The charge becomes a first-degree felony, punishable by up to life, if the possession was in furtherance of criminal gang activity. A withhold of adjudication on the prior case does not count as a conviction under this statute, which is often where the defense begins.
- Carrying a concealed firearm without a license (§ 790.01):Since July 1, 2023, Florida allows individuals who meet the eligibility criteria for a concealed weapon license to carry a concealed firearm without obtaining one. This right is not unlimited. A person who does not meet those criteria and carries a concealed firearm commits a third-degree felony, and certain locations remain off-limits regardless of licensure.
- Carrying a concealed weapon other than a firearm (§ 790.01):The same 2023 law applies to concealed non-firearm weapons, such as a knife other than a common pocketknife, metallic knuckles, or an electric weapon. A person who does not meet the license eligibility criteria and carries one concealed commits a first-degree misdemeanor. Carrying a nonlethal stun gun or self-defense chemical spray concealed for lawful self-defense is exempt. Officers may arrest for this offense without a warrant on probable cause.
- Possession of a firearm while subject to an injunction (§ 790.233):A first-degree misdemeanor for a person subject to a domestic violence, stalking, or cyberstalking injunction who possesses a firearm or ammunition. This charge frequently arises alongside or after domestic violence proceedings.
- Discharging a firearm in public (§ 790.15):A first-degree misdemeanor. Discharging a firearm from a vehicle within 1,000 feet of a person is a second-degree felony.
- Improper exhibition of a firearm (§ 790.10):Displaying a firearm in a rude, careless, angry, or threatening manner, not in necessary self-defense, in the presence of one or more people. This is a first-degree misdemeanor.
- Possession of a firearm on school property (§ 790.115)is a third-degree felony.
Open Carry in Florida After McDaniels
For decades, Florida banned openly carrying a firearm under § 790.053, Fla. Stat. On September 10, 2025, the First District Court of Appeal held in McDaniels v. State that the ban was unconstitutional under the Second Amendment. The Attorney General declined to appeal and directed prosecutors and law enforcement statewide not to arrest or prosecute law-abiding adults solely for visibly carrying a firearm, reasoning that, with no conflicting appellate decision, McDaniels binds every Florida trial court.
The practical result is that open carry is lawful statewide for adults who may legally possess a firearm. But the statute remains on the books; the Legislature has not repealed it, and the ruling changes nothing for people prohibited from possessing firearms or for locations where carrying is barred. Anyone charged under the old open carry statute, or arrested for carrying in a prohibited place, should consult an attorney about how the ruling applies to their case.
Actual vs. Constructive Possession
Common Defenses
Unlawful search and seizure is one of the most powerful defenses in gun cases. If law enforcement obtained the gun during a stop, search, or entry that violated the Fourth Amendment, a suppression motion can exclude the evidence. Without the gun, the State typically has no case.
Lack of knowledge applies in constructive possession cases where the defendant was unaware that the firearm was present.
Challenging the prior conviction is often the entire case in a felon-in-possession prosecution. The State must prove a qualifying felony conviction, and not every prior conviction qualifies. A withhold of adjudication is not a conviction under the statute; a conviction that has been vacated no longer counts; and the prohibition does not apply at all to someone whose civil rights and firearm authority have been restored.
Talk to a Gun and Weapons Charges Defense Attorney
Gun and weapons charges in Florida move quickly, and the mandatory minimum sentencing framework means there is little room for error. An attorney who challenges the evidence early and understands the sentencing math changes what is possible.
Andrew Jeacoma is a former Palm Beach County assistant public defender who tries cases and handles every matter personally. For a confidential consultation, call (561) 603-2203. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
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