Gun Charges Attorney in Jacksonville

Florida's Carry Laws Have Changed

Florida law does not make concealed firearm possession illegal merely because a person does not have a concealed-carry license.

Under current section 790.01, a person may carry a concealed weapon or firearm without a license if the person otherwise satisfies the statutory eligibility requirements. Carrying can still be prohibited because of the person's legal status, the location, the manner of possession, or other statutory restrictions.

Florida's open-carry law has also changed through recent appellate litigation. That does not eliminate laws involving prohibited persons, restricted locations, improper exhibition, threatening conduct, or firearms connected to other crimes.

Because firearm law depends heavily on the specific conduct alleged, we review the statute and current case law that apply to the charge rather than assuming that carrying a firearm was unlawful.

Possession, Knowledge & Control

Many firearm cases turn on who actually possessed or controlled the weapon.

Actual possession generally involves a firearm that is physically on the person, in the person's hand or container, or otherwise within ready reach and under that person's control.

Constructive possession can be alleged when the firearm was not physically being held. The prosecution may attempt to prove that the accused knew the firearm was present and had the ability to exercise control over it.

Mere proximity to a firearm does not necessarily establish constructive possession.

Shared vehicles, homes, bedrooms, bags, or other jointly accessible spaces can create factual disputes about:

• Who owned the firearm
• Who knew it was present
• Who controlled the location
• Who could access the weapon
• What statements were made
• Whether fingerprints, DNA, video, or witness evidence support the prosecution's theory

Those details can become particularly important in felony cases involving allegations of prohibited firearm possession.

Search & Seizure Issues in Firearm Cases

A firearm charge often begins with a traffic stop, detention, search, warrant, or arrest.

We examine how law enforcement discovered the weapon and whether the search or seizure complied with constitutional requirements.

Relevant questions may include:

• What justified the initial traffic stop or detention?
• Did officers have legal authority to search the vehicle, residence, bag, or person?
• Was consent requested or given?
• Was a warrant obtained, and what did it authorize?
• What did body-camera footage show?
• Where exactly was the firearm located?
• Were statements obtained before or after an arrest?
• Did police reports match the video and physical evidence?

When evidence was obtained unlawfully, the available legal response depends on the facts and the constitutional issue involved. A disputed search does not automatically result in suppression or dismissal.

Firearm Enhancements & Mandatory Minimum Sentences

A firearm allegation can sometimes change the sentencing exposure for another felony, but Florida does not apply the same enhancement to every offense involving a gun.

Section 775.087 can reclassify certain felony offenses when a weapon or firearm is carried, displayed, used, threatened, or attempted to be used during the commission of the felony.

The statute also contains mandatory minimum sentences for specified offenses when qualifying firearm possession or discharge is proven. The requirements can differ depending on:

• The underlying felony
• Whether the firearm was actually possessed
• Whether it was discharged
• Whether discharge caused great bodily harm or death
• Whether the firearm is already an essential element of the offense
• Other statutory circumstances

For that reason, a generic statement that a gun charge automatically carries a particular mandatory sentence can be misleading.

We review the exact charging statute and enhancement alleged before assessing sentencing exposure.

Self-Defense & Florida Use-of-Force Law

When a firearm allegation arises from actual or threatened force, Florida's self-defense laws may become central to the case.

Florida law recognizes circumstances in which a person may use or threaten nondeadly force when reasonably necessary to respond to another person's imminent use of unlawful force.

Deadly force can be justified in qualifying circumstances involving a reasonable belief that it is necessary to prevent imminent death, great bodily harm, or the imminent commission of a forcible felony.

Florida law can also remove a duty to retreat and provide immunity from prosecution in qualifying situations.

Those protections are not automatic. Their application can depend on:

• Where the incident occurred
• Whether the person had a right to be there
• Whether the accused was engaged in criminal activity
• The nature and timing of the alleged threat
• Witness statements and video
• Whether the force used or threatened satisfied the statutory requirements

If a firearm charge is connected to an alleged assault, battery, or domestic violence matter, we evaluate both the firearm allegations and the underlying use-of-force claim.

Gun Cases in Jacksonville & Duval County

State firearm charges arising in Jacksonville generally proceed through Florida's Fourth Judicial Circuit when venue is proper in Duval County.

Our team reviews the charging documents, release conditions, discovery, and court notices to identify what has been filed and what procedural stage comes next.

A state criminal case may involve first appearance, formal charging, discovery, depositions when authorized, motions, plea discussions, evidentiary hearings, and trial. The sequence and timing depend on the charge and circumstances.

Dustin Nemati's prior work inside Jacksonville's Fourth Circuit State Attorney's Office provides our team with firsthand familiarity with the local criminal justice system while we evaluate each defense independently from the prosecution's theory.

What to Do After a Gun Arrest or Investigation

If law enforcement contacts you about a firearm allegation, avoid giving a substantive statement before understanding the legal consequences of doing so.

Preserve any relevant:

• Charging or citation documents
• Release conditions
• Court notices
• Property receipts
• Search-warrant paperwork
• Photographs or video
• Messages or other communications connected to the incident

Do not delete, alter, hide, or destroy potential evidence.

During the initial review, we examine the alleged offense, known evidence, criminal-history issues, search-and-seizure questions, possession theory, and whether another offense or sentencing enhancement is connected to the firearm allegation.