Criminal Defense · Florida Gun Owners
Firearm Charges and Penalties in Florida: A Plain Guide
Most firearm charges in Florida fall into a few groups. Knowing which group a charge is in tells you how serious it is.
This page is a map. For the elements the State must prove and the exact words a jury hears, use the charge guides linked below.
It is general education. It is not advice about your case.
How Florida grades crimes
The grade of the offense sets the most time a judge may impose.
| Grade | Maximum prison or jail | Maximum fine | |---|---|---| | Second-degree misdemeanor | 60 days | $500 | | First-degree misdemeanor | 1 year | $1,000 | | Third-degree felony | 5 years | $5,000 | | Second-degree felony | 15 years | $10,000 | | First-degree felony | 30 years | $10,000 |
Those are the maximums. A judge can impose less, and the sentence also depends on a scoresheet and on any minimum the law requires.
Firearm minimum sentences
Florida has a firearm sentencing law often called "10-20-Life." When certain listed felonies involve a firearm, the law requires a minimum prison term, even for a first offense. The list includes murder, robbery, burglary, aggravated battery, and possession of a firearm by a felon, among others. The minimum is 10 years if the person actually possessed a firearm (3 years for a felon in possession or burglary of a conveyance), 20 years if the gun was fired, and 25 years to life if someone was hurt or killed by the discharge. Not every firearm felony is on the list. A prosecutor's choice of charge can decide whether a minimum applies. This is one reason to get a lawyer before you talk about the case.
Common charges in each group
Possession by a convicted felon. A person with a felony record who has a firearm or ammunition can be charged. It is a second-degree felony, and a minimum prison term can apply. Federal prosecutors can charge it too.
Possession by other prohibited persons. Some people are barred even without a felony, such as certain people with domestic violence injunctions or certain juvenile records.
Carrying in a prohibited place. Bringing a gun to a school, courthouse, airport terminal, or other listed place is a crime. For most listed places, a knowing and willful violation is a second-degree misdemeanor. Possessing a firearm on school property is a third-degree felony for most people, and a second-degree misdemeanor for someone who is authorized to carry concealed.
Improper exhibition. Showing a gun in a rude, careless, angry, or threatening way. A first-degree misdemeanor. See our brandishing page.
Aggravated assault with a firearm. A third-degree felony.
Discharging a firearm in public. A first-degree misdemeanor. Firing from a vehicle within 1,000 feet of a person is a second-degree felony. Discharging a firearm within 1,000 feet of a school during school hours or a school activity became a second-degree felony on October 1, 2026. See our page on where you can shoot.
Shooting into a building or vehicle. A second-degree felony when done wantonly or maliciously.
Possession of an unregistered short-barreled rifle or machine gun. A second-degree felony under Florida law, and a federal felony. See our NFA page.
Minors and firearms. Charges can reach the minor and the adult who knowingly and willfully allowed it. For the adult, it is a third-degree felony.
Failing to secure a firearm around a child. A second-degree misdemeanor when a minor gets the gun and shows it in public or in a rude, careless, angry, or threatening manner. More serious charges can follow if harm results.
False statement when buying a gun. A third-degree felony under Florida law, and it can be a federal crime.
Armed trespass. Trespassing in a structure or vehicle while armed, or arming yourself there, is a third-degree felony.
Charge guides
Each guide explains the elements the State must prove, the wording of the Florida jury instruction, common defenses, and typical penalties.
- Possession of a firearm by a convicted felon
- Improper exhibition of a dangerous weapon or firearm
- Aggravated assault with a deadly weapon
- Discharging a firearm in public
- Shooting into a building or vehicle
- Carrying a concealed firearm
- Firearm possession on school property
What the State must prove
In every one of these cases, the State has the burden. It must prove each part of the charge beyond a reasonable doubt. The defense does not have to prove innocence.
The questions a lawyer asks first:
- How did police find the gun? Was the stop lawful? Was the search lawful?
- Whose gun was it? Possession can be actual, or "constructive," meaning control over a place. Shared cars and homes make this a real fight.
- Did you know it was there? Knowledge is part of the State's burden.
- Does the law actually apply to you and this place? Prohibited places and eligibility rules have exceptions.
- Is there a self-defense claim? See our Stand Your Ground page.
Collateral damage
A firearm charge can cost more than the sentence.
- A felony conviction ends the right to possess a firearm.
- A conviction can affect a concealed weapons license.
- Employment, professional licenses, and immigration status can be at risk.
- Bond conditions can bar you from owning guns while the case is pending.
Resolving a case with a lesser charge or a different disposition can protect these things. Do not accept a plea without understanding all of them.
Federal charges
Some firearm cases can be brought in federal court. Federal penalties and procedures differ from Florida's. We handle both.
What to do now
If you were arrested or you think a warrant exists:
- Do not talk with police about the facts.
- Say clearly that you want a lawyer.
- Do not consent to any search.
- Do not discuss the case on the phone at the jail. Calls are recorded.
- Call us.
Facing a firearm charge? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.
General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. Laws change; confirm the current law before you act. Law last checked October 27, 2026.