Seeking Justice Together

Gun Law: Protecting Your Right To Bear Arms

The Miami gun law attorneys at Graham Legal have the expertise and dedication needed to protect your second amendment rights in court. Laws that dictate the proper use of firearms vary from state to state, and there is often room for interpretation. This is why having a compelling case and an indomitable defense is critical when facing a firearms charge.

Our team is practiced in representing clients in the following areas related to Florida gun rights:

Unlawful Display of Firearm. In its most general sense, unlawful display of firearm (aka improper exhibition) involves displaying or waving the firearm in a way that another person may find threatening. In Florida, this can mean the carrier was rude, careless, angry, or in some other way threatening to one or more individuals. This area of law is extremely subjective in nature, as what a person finds threatening will vary depending on many other factors.

Defensive Display of Firearm. In Florida, determining the difference between defensive display of a firearm and aggravated assault requires proof that there was reasonable reason to believe that the person holding the firearm was facing death or great bodily harm. Considering the latter carries a mandatory prison sentence, a strong defense is key to protecting your rights. The team at Graham Legal has the experience needed to prove your innocence in court.

Firearms Storage and Possession. There are several laws in Florida that dictate how a gun owner may carry and store firearms. For instance, Statute 790.01 prohibits carrying a concealed weapon outside of your home or business without a concealed weapons permit. Guns are also barred from schools and hospitals where mental illness is treated. As for storing your firearms, the state sits strict guidelines, especially when children are in the home. Our attorneys know these laws inside and out and can successfully defend you, should you face a charge of this nature.

Lawful Travel with Firearms/Ammunition. Florida Statutes 790.016 and 790.251 protect the right to keep a firearm in your vehicle, provided you either have a concealed carry permit or the gun and ammunition are “securely encased,” (i.e. in a gun case or closed container). The law also mandates that firearms and ammunition not be kept in your vehicle at state and federally restricted locations, like courthouses, schools, airports. If you abided by these regulations and are facing an unjust charge, our team can help see you through it.

Concealed Carry Rights and Responsibilities. Any firearm on your person that is not readily visible to others is considered a concealed weapon in the state of Florida. Without a license, carrying a concealed firearm can warrant a third-degree felony. Additionally, it is your responsibility to carry the license at all times and display it with your gun when asked to by law enforcement. Should you find yourself facing an unwarranted charge, the gun law attorneys at Graham Legal will work tirelessly to protect your second amendment rights in court and deliver you justice.

When it comes to Florida gun law, there is often a great deal of gray area. The extensive experience our team holds allows us to determine the best defense for your case and secure an ideal outcome. If you have questions about firearms and the law, reach out to our expert team by calling 305-985-6555.