South Florida Criminal Defense Lawyer Blog
US SUPREME COURT IN SPRING 2008 RULES ON DC GUN BAN
Q: What does this mean for Florida criminal law?
In what will soon be regarded as a landmark decision, Florida criminal defense attorney Ralph Behr has issued advisories to his clients concerning gun possession and related gun possession charges.
Changes in gun laws affect all aspects of criminal law, not only gun crimes, but any criminal charges involving the use or or display of guns.
Broward County, Florida, as well as Miami Florida and Palm Beach has the highest concentration of gun owners and gun related crimes in Florida.
The decision holds that the right to own guns is guaranteed by the constitution.
The court goes on to say that the regulation of guns is not beyond the reach of government. Gun laws in Florida permit guns to be carried with a permit.
The court’s ruling allows “reasonable restrictions” but does not, as most Florida criminal lawyers agree: give enough guidance.
Criminal attorneys in Florida are waiting for gun cases to move through the courts for clarification.
Guns that are used in crimes are punished differently then when guns are trafficked. Trafficking in guns goes beyond personal use and ownership and has penalties that can rise to life imprisonment in Florida.
Similar to drug trafficking and drug possession laws, Florida criminal lawyers will look to the courts for interpretations that affect Florida residents who are charged with gun related crimes.