Florida Criminal Law: What is the Definition of a Firearm?
Florida crime charges can have multiple levels determining on the level of the crime committed, such as robbery vs. armed robbery. Criminal charges are brought based on the crime committed and often, whether there was weapon of some sort used to commit the crime. The most common use of a weapon used when committing a crime is a gun or firearm, which can significantly impact how the crime is prosecuted by the State Attorney’s office.
Using a Firearm in Florida can change the charges brought against the accused, so understanding how Florida law defines a firearm is important. Florida Statute 790.001 (6) defines a firearm as, “…any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”
If you have been charged with a crime involving a firearm you should speak with a criminal law attorney to determine what your possible defenses to the charges could be.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
Have a comment or question for us? Wood, Atter & Wolf is on Facebook, Twitter and LinkedIn:
Representing clients in Jacksonville, Orange Park, Fernandina Beach and the rest of North Florida for over 50 years. When you are faced with criminal charges or potential criminal charges, we are At Your Side - On Your Side.
Wood, Atter & Wolf, P.A. - Florida Criminal Defense Lawyers - On Your Side - At Your Side