Miami Gun Trafficking Defense Attorney

A person accused of gun trafficking in Florida could face many different charges under state law. Florida Statute § 790.175, for example, establishes the following requirements relating to the transfer or sale of firearms within the state.

Under Florida Statute § 790.175(1), a seller or transferor involved in the retail sale, commercial sale, or retail transfer of any firearm must deliver a written warning to the purchaser that states in block letters not less than 1/4 inch in height:

“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”

Similarly, Florida Statute § 790.175(2) states that any retail or wholesale store, shop, or sales outlet that sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than 1 inch in height:

“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”

A violation of either of these statutes is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500. The possible consequences for violations of Florida Statute § 790.065—relating to the sale and delivery of firearms—are more severe.

Under Florida Statute § 790.065(12), it is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000 for certain parties to willfully and knowingly provide false information or false or fraudulent identification in the sale or delivery of a firearm.

These parties include:

• Any potential buyer or transferee
• Any licensed importer, licensed manufacturer, or licensed dealer
• Any employee or agent of a licensed importer, licensed manufacturer, or licensed dealer

Florida Statute § 790.065(12)(d) also makes it a third-degree felony for any person to knowingly acquire a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm.

Federal Trafficking in Firearms Penalties

Many federal crimes relating to alleged gun trafficking offenses are found under 18 U.S.C. § 922.

Unlawful acts under this statute include:

• Possession of prohibited firearms: Possession of an unregistered silencer, short barreled rifle, short barreled shotgun, destructive device, or a sawed-off shotgun is punishable by a fine of up to $10,000 and up to 10 years in prison. Possession of a firearm with an altered serial number is punishable by up to five years and a fine of up to $250,000. Possession of a machine gun is punishable by up to 10 years and a fine of up to $250,000.

• Possession of firearms by prohibited person: Nine categories of persons are prohibited from possessing firearms under 18 U.S.C. § 922(g). Possession of a firearm by a prohibited person is punishable by up to 10 years and a fine of up to $250,000.
• Brady Act waiting period violations: A licensed dealer who sells, delivers, or transfers a handgun to an unlicensed individual can be sentenced to a fine of up to $1,000 and up to one year in prison.
• False statements: A person who makes a false statement to a licensed dealer in connection with the acquisition of a firearm can be sentenced to up to 10 years in prison.

Under 18 U.S.C. § 924(c), any person who uses or carries a firearm during a violent crime or drug trafficking crime or who, in furtherance of any such crime, possesses a firearm, can be sentenced to a minimum of five years in prison. The minimum sentence is seven years in prison if the alleged offender brandishes the firearm, and discharging the firearm is punishable by a minimum of 10 years in prison.

When a violation of 18 U.S.C. § 924(c) involves a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, then the minimum sentence is also 10 years. If the violation involves a machine gun or a destructive device or is equipped with a firearm silencer or firearm muffler, the minimum sentence is 30 years in prison.

Second or subsequent convictions under 18 U.S.C. § 924(c) are punishable by a minimum of 25 years in prison. If a second or subsequent conviction involved a machine gun or a destructive device or is equipped with a firearm silencer or firearm muffler, the alleged offender can be sentenced to life in prison.

Find a Trafficking in Firearms Defense Attorney in Fort Lauderdale, FL

If you believe that you might be under investigation or you were already arrested for an alleged gun trafficking crime in Broward County, it is in your best interest to immediately retain legal counsel. At The Hoffman Firm, our gun trafficking defense attorney in Miami has extensive legal experience to put to work for you. Evan Hoffman is licensed in state courts throughout Florida as well as the United States District Court for the Southern District of Florida.

If you are in Miami, call 305-249-0090 now or contact our firm online for a free consultation about how to proceed with your case. If you are in Broward County call 954-524-4474.