Chad M. Seibel
Criminal Defense
407.846.8008
Kissimmee Gun & Weapons Charge Defense
Florida is a gun-friendly state with some of the nation's harshest firearm Charged after carrying without a permit? Florida allows permitless carry for some people since July 1, 2023. Whether it applies depends on who you are and how the gun was carried. laws — both things are true at once. Since July 1, 2023, most adults can carry a concealed firearm without a license; at the same time, a felon holding a single round of ammunition faces a second-degree felony, and using a gun in a listed felony triggers the 10-20-Life mandatory minimums that take sentencing out of the judge's hands entirely.
Florida is a gun-friendly state with some of the nation's harshest firearm sentencing laws — both things are true at once. Since July 1, 2023, most adults can carry a concealed firearm without a license; at the same time, a felon holding a single round of ammunition faces a second-degree felony, and using a gun in a listed felony triggers the 10-20-Life mandatory minimums that take sentencing out of the judge's hands entirely.
The gap between lawful carry and a felony charge is narrower than most gun owners realize — and it runs straight through eligibility rules, premises rules, and the moment an argument gets heated. Call or text 407-846-8008.
Carrying Concealed After “Permitless Carry”
Under § 790.01 as amended in 2023, a person may carry concealed without a license only if they meet the same criteria required for a concealed-carry license — 21 or older (with narrow exceptions), no felony convictions, no disqualifying injunctions or commitments, and the rest of the licensing checklist. Carrying while ineligible is a third-degree felony (a first-degree misdemeanor for non-firearm weapons). Prohibited places — schools, courthouses, bars' dispensing areas, and more — still apply to everyone, licensed or not.
The defense-relevant detail most people miss: the statute requires the State to prove the carrier was both unlicensed and ineligible. Charging mistakes on this element can occur, especially in the early years of the new law.
Felon in Possession — § 790.23
A convicted felon (state, federal, or out-of-state) who possesses a firearm, ammunition, or electric weapon commits a second-degree felony — up to 15 years. Key battlegrounds:
• Actual vs. constructive possession. The 3-year mandatory minimum (via § 775.087) applies only to actual possession — on the person. Guns found in houses, closets, and cars occupied by multiple people raise the same constructive-possession defenses as drug cases: knowledge and control must be proven, not presumed.
• Rights restoration. Civil rights restoration counts only if firearm authority was specifically restored — paperwork that must be examined, not assumed either way.
• The search. Most felon-in-possession cases begin with a stop or search that deserves a suppression motion.
10-20-Life — § 775.087
For enumerated felonies (robbery, aggravated battery, burglary, and others), mandatory minimums apply: 10 years for actual possession of a firearm, 20 years if it's discharged, 25 to life if someone is seriously hurt or killed. Three things every client should know:
1. Aggravated assault was removed from the list in 2016 — displaying a gun in a heated confrontation no longer carries an automatic 10 years, a change that still surprises people (and some older websites).
2. The minimums require actual possession findings and apply count-by-count — charging and verdict-form details that must be litigated, not conceded.
3. A separate one-degree reclassification raises the felony level itself when a weapon is carried or used.
Florida also criminalizes carrying a weapon during any felony (§ 790.07 — a second-degree felony when it's a firearm) and shooting into an occupied building or vehicle (§ 790.19) — a second-degree felony charged in nearly every road-rage discharge and celebratory-fire case.
Self-Defense and Guns
Firearm display and discharge cases live next door to Florida's Stand Your Ground law. Where a weapon came out because of a genuine threat, pretrial immunity — with the burden on the State at the hearing — is the first line of defense, not the last. See Stand Your Ground.
Frequently Asked Questions
I didn't know I couldn't carry — I thought Florida was permitless now.
Permitless carry only covers people who would qualify for a license. Youth, prior convictions, certain injunctions, and other disqualifiers make carry a felony — and “I didn't know” is an argument for mitigation, not a legal defense. Get counsel before any statement.
The gun was my roommate's, found in a shared apartment.
That's a constructive-possession case — knowledge and control are the State's burden, and it's a burden the State does not always meet.
Does an old out-of-state felony really count?
If it qualifies as a felony conviction, yes — but whether it legally qualifies (withholds, restorations, foreign law differences) is a defense issue worth real analysis.
Can gun charges be reduced?
Often — to carrying offenses without mandatory exposure, or resolved with withholds where eligible. The mandatory-minimum counts are where plea leverage lives, which is why they must be attacked first.
Harsh Laws Reward Prepared Defense
Chad Seibel is a former prosecutor who knows how 10-20-Life cases are built from the State's side. Call or text 407-846-8008 for a free consultation.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.