Charged With a
Gun Crime in Orlando?
If you’ve been charged with a weapons offense in Orlando, it’s important to take it seriously. These cases can move quickly and may have long-term consequences.
Talking to a defense lawyer early can help you understand what you’re facing and what options may be available.
Florida weapons charges carry penalties ranging from a first-degree misdemeanor to a first-degree felony depending on the type of weapon, the defendant’s criminal history, and the circumstances of the offense. Under Florida Statute § 790.23, a convicted felon who possesses a firearm, ammunition, or electric weapon commits a second-degree felony punishable by up to 15 years in state prison. Under the 10-20-Life law (§ 775.087), possessing a firearm during the commission of any felony triggers a mandatory minimum sentence of 10 years — discharging the firearm raises that to 20 years, and causing injury pushes it to 25 years to life.
Florida’s weapons laws changed significantly on July 1, 2023, when the state adopted permitless concealed carry. But the new law did not make it legal for everyone to carry a firearm. Convicted felons, individuals subject to domestic violence injunctions, persons adjudicated mentally incompetent, and others who fail to meet the eligibility criteria of § 790.06 are still prohibited — and the penalties for violations are severe.
If you are facing weapons charges in Orlando or Central Florida, attorney James P. Kelly evaluates the specific facts of your case and builds a defense tailored to your situation. When you call, you speak directly with your attorney.
Under § 790.01, carrying a concealed weapon (non-firearm) without meeting the statutory criteria is a first-degree misdemeanor — up to 1 year in jail and a $1,000 fine. Carrying a concealed firearm without meeting the criteria is a third-degree felony — up to 5 years in prison and a $5,000 fine.
Since the 2023 permitless carry law, the state bears the burden of proving that the defendant both lacked a concealed carry license and was ineligible to receive one under § 790.06(2). The eligibility criteria include: being at least 21 years old, having no felony convictions, having no domestic violence convictions, having no disqualifying mental health adjudications, not being a chronic substance abuser, and not being subject to an active injunction. If the state cannot prove ineligibility, the defendant is not guilty.
Under § 790.013, a person who carries concealed without a license but who otherwise satisfies the eligibility criteria must carry valid identification and display it on demand by a law enforcement officer. Failure to carry identification is a noncriminal violation with a $25 fine — not a criminal charge.
Under § 790.23, any person convicted of a felony who possesses a firearm, ammunition, or electric weapon commits a second-degree felony — up to 15 years in prison and a $10,000 fine. The permitless carry law does not change this. A convicted felon is prohibited from possessing any firearm regardless of whether they have a concealed carry permit.
This charge applies even if the firearm belongs to someone else and even if it was found in a shared residence or vehicle. The state can prove possession through actual possession (on or about the person) or constructive possession (not physically on the person but within proximity, with knowledge and the ability to exercise dominion and control). Constructive possession is the theory used when a firearm is found in a car with multiple occupants or in a home with multiple residents.
Federal charges under 18 U.S.C. § 922(g) may also apply, carrying up to 15 years in federal prison.
Under § 790.07, carrying a concealed weapon while committing or attempting to commit any felony — or while under indictment — is a third-degree felony (up to 5 years). Carrying a concealed firearm during a felony is a second-degree felony (up to 15 years). A person with a prior conviction under this statute who commits a subsequent violation faces a first-degree felony (up to 30 years), and the sentence cannot be suspended or deferred under any circumstances.
Under § 790.10, displaying a firearm in a rude, careless, angry, or threatening manner — not in necessary self-defense — is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). This charge frequently arises during road rage incidents, neighbor disputes, and domestic arguments where a firearm is brandished but not used.
Under § 790.15, knowingly discharging a firearm in any public place or over the right-of-way of any paved public road is a first-degree misdemeanor. If the discharge results from recklessness or negligence and causes injury or death, additional charges — including aggravated battery or manslaughter — may apply.
Even individuals authorized to carry concealed are prohibited from carrying in certain locations under § 790.06(12), including: police, sheriff, and highway patrol stations; detention facilities and jails; courthouses; polling places; government meetings; school administration buildings (not the entire school property); career centers; athletic events (not all sporting events — specifically school or professional); and establishments primarily devoted to dispensing alcoholic beverages. Carrying in a prohibited place is a second-degree misdemeanor.
The 10-20-Life law (§ 775.087) is one of the harshest sentencing enhancement statutes in the country. It applies when a firearm or destructive device is used during the commission of certain enumerated felonies — including robbery, burglary, aggravated assault, aggravated battery, kidnapping, sexual battery, and drug trafficking:
| Action | Mandatory Minimum |
|---|---|
| Possession of firearm during felony | 10 years |
| Discharge of firearm during felony | 20 years |
| Discharge causing death or great bodily harm | 25 years to life |
These are mandatory minimums — the judge has absolutely no discretion to sentence below them, regardless of mitigating circumstances, the defendant’s youth, first-offender status, or any other factor. A 2016 legislative change removed the mandatory minimum for merely displaying a firearm during an aggravated assault (previously a mandatory 3 years), but all other 10-20-Life provisions remain in full force.
Weapons charges in the Ninth Judicial Circuit are handled differently depending on the underlying circumstances:
Standalone weapons charges — such as carrying concealed without authorization or felon in possession — are typically handled by the felony division of the State Attorney’s Office. Bond amounts for felon-in-possession cases range from $5,000 to $25,000+ depending on the defendant’s criminal history and the circumstances of the arrest.
Weapons enhancements — when a firearm was used during the commission of another felony — are prosecuted alongside the underlying offense. The 10-20-Life enhancement is argued at sentencing, and the mandatory minimum applies on top of any sentence for the underlying crime.
Federal involvement. Felon-in-possession cases are frequently “adopted” by the federal government, particularly when the defendant has a significant criminal history, when the firearm was used in connection with drug trafficking, or when the case involves a prohibited person on federal supervision. Federal prosecution under 18 U.S.C. § 922(g) carries up to 15 years and eliminates the possibility of early release — federal inmates serve at least 85% of their sentence.
In felon-in-possession cases, the firearm is often found in a shared space — a car with multiple occupants, a home with multiple residents, a common area. The state must prove that the defendant knew the firearm was present and had the ability to exercise dominion and control over it. Mere proximity is not enough. If other people had equal access to the space where the firearm was found, constructive possession may not be provable.
Firearms are frequently discovered during traffic stops, searches of vehicles, or searches of residences. If the search was conducted without a valid warrant, without probable cause, or outside the scope of a lawful stop or consent, the firearm may be suppressed as evidence under the Fourth Amendment. In Terry stop situations, the officer must have reasonable, articulable suspicion of criminal activity — a hunch is not enough.
Florida’s Stand Your Ground law (§ 776.012) and Castle Doctrine (§ 776.013) provide complete immunity from prosecution when a firearm was used in lawful self-defense. A successful Stand Your Ground motion results in dismissal of all charges.
In felon-in-possession cases, the state must prove that the defendant has a prior felony conviction. If the prior conviction was improperly entered, if the defendant’s civil rights were restored, or if the prior conviction is from a jurisdiction with different classifications, the felony predicate may be challengeable.
Under the 2023 law, the state bears the burden of proving that the defendant was both unlicensed and ineligible. If the defendant met all criteria of § 790.06(2) at the time of the arrest, the carrying was lawful — even without a permit.
Weapons charges carry uniquely severe consequences in Florida — mandatory minimums that strip judicial discretion, federal prosecution exposure, and permanent loss of the right to bear arms for convicted felons. The defense must address both the weapons charge itself and the constitutional issues surrounding the search, seizure, and circumstances of the arrest.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. The firm handles weapons cases in the Orange County Courthouse, the Ninth Judicial Circuit, and courts throughout Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Since July 1, 2023, Florida allows permitless concealed carry for individuals who are at least 21 years old and who meet the eligibility criteria under § 790.06 — meaning no felony convictions, no domestic violence injunctions, no disqualifying mental health adjudications, and other requirements. You must still carry valid identification. Individuals who do not meet the criteria — convicted felons, persons under 21, persons subject to injunctions — are still prohibited.
A convicted felon who possesses a firearm commits a second-degree felony punishable by up to 15 years in state prison. Federal charges under 18 U.S.C. § 922(g) may also apply, carrying up to 15 years in federal prison. If the firearm was possessed during the commission of another felony, the 10-20-Life mandatory minimum of 10 years also applies.
If adjudication was withheld and the offense is not on the list of ineligible offenses, certain weapons charges may be eligible for sealing. If charges were dismissed, expungement may be available. However, weapons offenses involving violent felonies, aggravated assault, or offenses that triggered sex offender registration are generally ineligible.
The legality depends on the circumstances of the search and your eligibility to possess a firearm. If you are eligible under the permitless carry law and the firearm was concealed on your person or in a secured location in the vehicle, the possession may be lawful. If you are a convicted felon or otherwise ineligible, you face felon-in-possession charges. If the search was conducted without a warrant, without consent, and without probable cause, the firearm may be subject to suppression.
Yes, in self-defense situations. If you used a firearm in lawful self-defense and the court grants a Stand Your Ground motion, you receive complete immunity from prosecution — including any weapons charges arising from the incident. However, Stand Your Ground does not protect unlawful possession — a convicted felon who uses a firearm in self-defense may still face felon-in-possession charges even if the self-defense claim is successful.
