Do You Need to Fire a Weapon to Be Charged with a Crime in Fort Lauderdale?
Since July 2023, Florida law permits most people to openly carry a firearm without first obtaining a permit. Of course, there is a laundry list of exceptions to this rule. There are many places, including most government buildings, where you cannot carry an open or concealed weapon. And certain classes of people, such as individuals previously convicted of a felony, cannot legally possess or carry any sort of firearm.
Man Charged After Being Seen With Rifle Near Ex-President’s Golf Club
Indeed, there are many state and federal weapons offenses that do not involve the actual use of a firearm. A recent high-profile example here in South Florida was the arrest of a 58-year-old man outside the Trump International Golf Club in West Palm Beach. On September 15, a United States Secret Service agent protecting former president Donald Trump said they saw the man “walking the perimeter” of the club with “what appeared to be a rifle poking out of the tree line.” The agent proceeded to fire their weapon. The man then fled before he was later arrested during a traffic stop by Palm Beach County sheriff’s deputies.
An FBI agent later filed a criminal complaint against the man (now the defendant). The complaint accused the defendant of two federal crimes: (1) possession of a firearm by a convicted felon; and (2) possession of a firearm with an obliterated serial number. As this remains an open criminal investigation, additional charges may be filed later.
The first charge–possession of a firearm by a convicted felon–is perhaps the most common weapon crime charged in Florida. Federal law forbids anyone convicted in any federal or state court of a crime punishable by more than 1 year in prison (i.e., a felony) from possessing any firearm shipped across state lines. (It does not matter if the felony involved the use of a firearm.) In this case, the criminal complaint alleged the defendant had a prior felony conviction in North Carolina.
The second charge–possession of a firearm with an obliterated serial number–refers to the fact that all weapons manufactured in the United States must carry a unique and conspicuously engraved identification number. Filing off this serial number is a federal crime. So is knowingly transporting or receiving a weapon across state lines after its serial number has been removed. This means that even if the defendant in this case did not personally remove the serial number, he could still be convicted simply for possessing such a weapon.
Contact a Fort Lauderdale Weapons Crime Lawyer Today
Weapons charges can lead to serious jail time, even if no gun was ever fired or anyone was harmed. Additionally, the use of a firearm during the commission of another crime, such as theft, can significantly escalate the mandatory penalties required by law. It is therefore essential to work with an experienced Fort Lauderdale weapons crimes lawyer if you are charged with such offenses. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
Source:
justice.gov/opa/media/1368091/dl
