The United States Constitution grants you the right to bear arms. However, you must obey federal, state, and local gun laws, which may be more difficult to understand with tougher gun control measures in place.
While you may be legally permitted to own and carry your firearm, part of being a gun owner is understanding all of the laws and the legal consequences should you be in violation. Ignorance of the law is not a valid defense, and that’s precisely why you need to comply with gun laws in Miami.
Who Is Allowed to Own a Gun in Miami?
In Florida, the right to own a gun is protected by the Second Amendment of the U.S. Constitution. The state constitution also upholds the right of people to bear arms in their own defense. This right should not be infringed upon, though it may be regulated.
In other words, the state of Florida has the authority to determine who is allowed to possess a gun. Certain people are not permitted this right to possess firearms. Anyone under the age of 21 is forbidden from owning a firearm.
Additionally, other circumstances prohibit you from legal gun ownership in Florida:
- Those convicted of felonies unless they have their civil rights restored
- People under domestic violence court orders
- Anyone committed to a treatment facility for drug abuse
- People who are convicted of specific related crimes within the past three years
- Anyone who habitually abuses alcohol or drugs
- People who have been committed to mental institutions in the last three years
Florida’s gun possession laws impose stiff penalties on anyone who violates these terms. You will face a mandatory minimum sentence with significant jail time and hefty fines. If you are facing gun charges, speak with a criminal defense attorney to understand your rights.
Understanding New Gun Restrictions in the State of Florida
After the school tragedy that occurred several years ago, a new state gun control measure was put into action. Known as the Marjory Stoneman Douglas High School Public Safety Act, this law imposes new restrictions on gun possession.
Once this law went into effect, it mandated that the new minimum age for all gun purchases was set at 21. Previously, gun ownership was legal at the age of 18, though when a law enforcement officer, correctional officer, or service member is under 21, they may purchase rifles and shotguns. Once you purchase a gun, you must wait three days or wait for the background check to complete, whichever is longer, before you can get your gun.
Bump stocks, which were designed to make semi-automatic rifles capable of firing more rapidly, are no longer permitted. Additionally, the new law also added a marshal program that permits the local sheriffs and school superintendents to train school employees and arm them. This law has also specified funding for increasing security measures in schools.
Understanding Gun Offenses in Miami
You may be a legal gun owner, but you may also be in violation of Florida’s gun laws. The only way to avoid trouble with the law is by understanding the laws and gun offenses in Miami.
Concealed Carry Gun Laws
You can apply for a concealed carry permit in Florida, though it will only be issued if you meet certain conditions. This law requires you to be at least 21 years of age to apply for concealed carry. You must also be a U.S. citizen or permanent resident and eligible to own a gun under both federal and state laws.
With this license, you can conceal handguns and tasers for the sole purpose of self-defense. Every applicant must pay a license fee, submit their fingerprints for a background check, and show full firearm competency. Unless you have this permit, it’s unlawful to carry a concealed firearm. It’s a third-degree felony, which could have you serving up to five years in prison and paying up to $5,000 in fines.
There are also certain places where you are not permitted to carry a concealed weapon of any kind. Schools, courthouses, public parks, and bars are just a few of the places where the laws prohibit firearms.
Stand Your Ground Law
In Miami, the Stand Your Ground law states that a person in any place where they have a legal right to be may use deadly force to protect themselves from imminent death or bodily harm if they feel endangered by another person. You may additionally justify using deadly force to prevent any forcible felony.
It’s a valid defense, but you will need to show that you had a reason to fear death or severe bodily harm. Make sure you have an attorney if you find yourself in a situation like this. It will take strong legal representation to prove that point and shift the burden to the state.
Discharging a Firearm in Public
Laws forbid any person from knowingly or recklessly discharging a firearm in any public area. While violating this gun law in Miami is a misdemeanor, you may still wind up serving one year in jail.
Shooting Into Buildings
Anyone with a gun in Miami can find themselves in serious trouble if they shoot into any public or private building — whether it’s occupied or not. The law also applies to shooting into vehicles, and it isn’t just restricted to firearms. Deadly missiles, stones, or other hard objects that could produce serious injury or death are also included in this law.
In short, many laws in Miami, Florida, apply to gun ownership. If you already are a legal gun owner, you should make sure that you fully understand the laws. It’s important to keep up to date on new laws regarding guns in the state to make sure you’re compliant. Otherwise, you may wind up on the wrong side of the law.
