Explore essential aspects of Florida’s gun laws, including the “Warning Shot” bill and “Stand Your Ground” law, and their impact on gun owners’ rights and responsibilities.
Key Takeaways
- “Warning Shot” Bill (2014): Signed into law by Governor Rick Scott, it allows the defensive display or discharge of a firearm without it being considered deadly force, providing immunity under certain circumstances.
- “Stand Your Ground” Law: Justifies the use of deadly force to prevent imminent harm or the commission of a forcible felony, without the obligation to retreat.
- 10-20-Life Law: Imposes mandatory minimum sentences for using a firearm during the commission of a forcible felony, but exceptions exist under the “Warning Shot” bill.
- Legal Support: Moses and Rooth offer experienced legal advice and defense for gun owners facing charges or seeking clarity on Florida’s gun laws.
10/10 Andrew Moses is a professional hard working lawyer who goes above and beyond for his clients. If you’re scared about the legal system and in a bind look no further he will give you a clear view.
veronica heissner2023-04-01Paul Ghezzi took his time and listened to my issue AND did exactly what he said he would do. If you want someone who will listen and follow their word, then call Paul.Jordan Cristwell2023-03-23Absolutely tremendous staff (Tracy was Great 👍🏾). Attorney Rooth gave me a layout of the charges I was facing and he was able to successfully fight my tickets that would've jeopardized my driving record. Highly recommended. Can't thank ya enoughEmmanuel Rogers2023-03-23This law firm went on a 2 year roller coaster ride with me. They kept me from going to prison. They got me into rehab. I can say for certain that I am sober and intend to stay this way. Thanks to Mr. Jay Rooth , THE ORLANDO BRIDGE, My family and friends and above all myself. I can finally close this chapter in my life. Thanks again Moses and Rooth.robert carlin2023-02-23A wealth of legal expertise coupled with a make it happen professional attitude is exactly what you get when you hire Attorney Paul E. Ghezzi, Esq., of Moses & Rooth, to represent you. From my initial consultation Paul exuded an air of overwhelming confidence in his ability to get the Court to grant my motion for early termination of probation. Mom always said to me that God gave us all 2 ears to listen twice as much as we talk. Paul did just that, he listened intently to my intricate predicament which is a major attribute in the legal world. Having said that, when he spoke, I hung on every word and the motion was granted. Thank you Paul. Ladies and gentlemen, to regain your peace of mind in tough legal times, get yourself a magnificently savvy go-getter type of attorney.......Call Moses & Rooth and ask for Attorney Paul Ghezzi. With Paul, failure is NOT an option!Byrd Risner2023-02-02Paul Ghezzi, ESQ. represented me for a felony criminal defense case. He was able to get my 2 felonies dismissed & arrived at a plea for a misdemeanor with minimal fine and time served. He spent the time searching through my discovery and watching body cam footage to find my defense. An iron clad one at that That left the prosecution confused on why I was getting the deal of a lifetime. His knowledge on case law, his dedication of time to his clients and his empathy are unmatched. He is even trying to help me find an attorney to help me with a case I have in another state. Above & beyond is an understatement and the retainer was more than reasonable and well worth it. As somebody whose criminal history is as tall as me I have never had a lawyer fight for me, until now. If you find yourself in the position to need a power house attorney, look no further. You found him. to put this into full view for you, a case I could have done 5 years in prison for and have been sentenced to that for similar cases in the past, he was able to get me time served (for two days I spent in county awaiting bond), less than a $1,000 fine and NO PROBATION. When I have priors. I’m going to say it again, LOOK NO FURTHER.Ashley Renee2023-01-28I have hired attorneys in the past and I have to share that I’ve never had an attorney like Paul Ghezzi from Moses & Rooth, Attorneys at Law. Paul kept in contact with us through the entire process. Paul was always available for any questions we had and was always willing to go the extra mile. From my family to you Paul you are more than just attorney your now my friend. You are so much appreciated. Thank you Paul for being you! I strongly recommend this law firm if any of these attorneys give you 50% of what Paul has done for my family you will be in great shape!Vicente Vigil2023-01-27I had an excellent experience with Moses and Rooth. From beginning to end I felt I had trusted the right firm. Jay Rooth represented me in my case and having an attorney who was pleasant, professional, and very experienced was everything. During a stressful time, I feel much of the stress was reduced due to the fact I made a good decision going with Jay. What is also important is everyone at this office is fantastic and helpful throughout the process. Many thanks !Erin Meaney2023-01-24If I could tell Mr. Jay Rooth a million times how much I thank and appreciate him I would ! After being told by three attorneys that my case was complicated and couldn’t be turned around, I almost gave up but my last attempt to fix my situation was the best decision I could have made ! Mr. Rooth worked so efficiently to help me. His knowledge, confidence, and reassurance is truly unbelievable. He updated me, communicated with me and did not miss a beat ! I will forever be grateful, I’ve been bragging on him ever since our first conversation! 10/10 HIGHLY RECOMMEND !!!!!!Nastashia Kirkwood2022-08-20Andrew is an amazing attorney. He really cares about his clients and goes above and beyond. Finding him was a blessing and my family and I will be forever be grateful to him.Jessy C.2022-07-11
Does Florida’s “Warning Shot” bill allow the use of warning shots without legal penalties?
Yes, Florida’s “Warning Shot” bill, enacted in 2014, permits the defensive display or discharge of a firearm as a warning shot under specific conditions without it being considered the use of deadly force. This law provides immunity from prosecution for individuals acting in defense of life, home, and property from violent attack or the threat of violent attack.
Understanding Florida’s Gun Laws: Your Rights and Legal Risks Explained
The Second Amendment to the United States Constitution gives the right to bear arms. Florida has many laws in place in order to protect this right, however, gun owners must be aware of what activities may or may not put them in legal trouble. Illegal gun possession, unlawful use of a firearm, or other gun charges are serious criminal offenses. If you have questions about the owning and use of a firearm or have been arrested on a gun charge, the experienced criminal defense attorneys of Moses and Rooth can answer your questions or craft a defense on your behalf.
Warning Shots
In 2014, Florida Governor Rick Scott signed what is known as the “Warning Shot” bill into law. The warning shot bill allows for the defensive display of a weapon or firearm, including the discharge of a firearm for the purpose of a warning shot, without constituting as the use of deadly force. The law provides immunity from prosecution for persons acting in defense of life, home, and property from violent attack or the threat of violent attack through certain displays of or uses of force. The warning shot bill essentially strengthens Florida’s self-defense statute or “Stand Your Ground” law.
Stand Your Ground
Florida’s “Stand Your Ground” law received a lot of attention after the shooting and killing of Trayvon Martin. The use of deadly force under the stand your ground law is covered under Florida Statute Chapter 776, where a person is justified in using deadly force:
- If the person believes the use of deadly force is necessary to prevent imminent death or great bodily harm to themselves or another;
- To prevent the imminent commission of a forcible felony; and
- Against a person unlawfully and forcibly entering or entered a dwelling, residence, or vehicle or while trying to remove a person against their will from a dwelling, residence, or vehicle and where the person using deadly force believed or had reason to believe an unlawful and forcible entry was being made or an unlawful or forcible act was occurring.
Under Chapter 776, a person is allowed to use force, but not deadly force, if said person reasonably believes that such conduct is necessary to defend themselves or another against the imminent use of unlawful force. The warning shot bill now allows for a person to display a weapon or firearm or to fire a warning shot without constituting as the use of deadly force.
10-20-Life
Florida has a mandatory minimum sentencing law for the use of firearms during the commission of a forcible felony. Under Florida Statute 775.087, during the commission of a forcible felony there is a mandatory 10-year minimum sentence for producing a firearm, a mandatory 20 year minimum sentence for firing a firearm, and 25 years to life for shooting someone. The warning shot law prohibits the court from making such mandatory sentencing if the court finds the defendant acted within their rights under the warning shot bill.
An unlawful use or possession of a gun charge can hold serious penalties. If you have been arrested or simply have questions about your rights as a gun owner, contact the experienced criminal defense attorneys of Moses and Rooth for legal advice on Florida gun laws and options for your defense.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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