What Are the Legal Consequences of Firearm Offenses?
January 09, 2026
Firearm crimes are taken extremely seriously under both Florida and federal law. Even first-time offenders can face steep penalties—including mandatory prison time—because courts view gun-related charges as public safety threats. If you or someone you love is under investigation or has been arrested, understanding what are the legal consequences of firearm offenses is the first step in protecting your rights and future.
At Donet, McMillan & Trontz, P.A., our criminal defense lawyers have decades of experience defending clients against weapon charges in Miami-Dade County and across Florida. This guide breaks down the most common firearm offenses, the penalties they carry, and why securing the right attorney early can make all the difference.
Why Firearm Offenses Are Treated So Seriously
Firearm crimes often trigger:
- Mandatory minimum prison sentences
- Enhanced felony classifications
- Federal prosecution
- Lifetime firearm bans
- Immigration consequences
- Increased bail or pretrial detention
Simply possessing a gun during certain criminal conduct—without firing it—can dramatically escalate the potential punishment. Florida's 10-20-Life statute, for example, imposes mandatory minimums for using or displaying a firearm during the commission of a felony.
Because of these high stakes, the team at Donet, McMillan & Trontz, P.A. focuses on early intervention, evidence challenges, and aggressive defense strategies that can limit exposure to these severe consequences.
Common Firearm Offenses in Florida
Understanding the specific offense you're facing is crucial, because each carries distinct penalties.
1. Carrying a Concealed Firearm Without a Permit
Even with loosened concealed carry laws in Florida, carrying without proper legal authority can still lead to criminal charges.
Penalties may include:
- First-degree misdemeanor or third-degree felony
- Up to 5 years in prison
- Fines
- Permanent firearm ownership restrictions
Our attorneys often challenge unlawful searches or improper police stops, which can result in evidence being thrown out.
2. Possession of a Firearm by a Convicted Felon
This is one of the most aggressively prosecuted firearm crimes in Florida.
Penalties include:
- Third-degree felony
- Up to 15 years in prison if enhanced
- Long-term probation
- Permanent loss of firearm rights
The burden is on the state to prove the defendant knowingly possessed the firearm. Donet, McMillan & Trontz, P.A. frequently challenges constructive possession and constitutional violations.
3. Aggravated Assault or Battery With a Firearm
Using or threatening to use a firearm during an assault elevates the charge dramatically.
Possible penalties:
- Mandatory minimum prison sentences
- Firearm enhancements
- Felony convictions
- Victim restitution
Even pointing a gun without firing can result in severe consequences.
4. Using a Firearm During the Commission of a Felony
Under Florida's 10-20-Life law:
- 10 years minimum for possessing a firearm during certain felonies.
- 20 years minimum for firing it.
- 25 years to life if serious injury or death occurs.
Judges have very limited discretion—meaning the stakes are extremely high.
5. Illegal Sale, Transfer, or Trafficking of Firearms
These offenses can be prosecuted under state or federal law.
Penalties may include:
- Long-term federal prison sentences
- Felony convictions
- Forfeiture of assets
- ATF involvement
Cases involving unregistered firearms, altered serial numbers, or trafficking often escalate quickly. Donet, McMillan & Trontz, P.A. has experience handling both state and federal gun investigations.
Additional Consequences of Firearm Offenses
A conviction for a firearm crime goes far beyond jail time. Individuals may also face:
- Firearm ban for life
- Loss of civil rights, including voting and gun ownership
- Employment barriers, especially in government or licensed professions
- Professional license suspension
- Immigration consequences, including removal proceedings
- Travel restrictions
- Inability to qualify for housing or loans
This is why early representation from a knowledgeable defense attorney is critical.
Defenses to Firearm Offenses
At Donet, McMillan & Trontz, P.A., we analyze every angle to build a customized defense. Some strategies include:
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Illegal search and seizure
If police violated the Fourth Amendment, the firearm can be suppressed.
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Lack of knowledge or possession
Constructive possession cases are often weak.
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Self-defense or Stand Your Ground
Florida's strong self-defense laws can apply in many cases.
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Invalid stop or arrest
Many gun arrests stem from unlawful traffic stops or detentions.
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Permit or licensing errors
Some cases arise from paperwork or administrative issues.
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Insufficient evidence
The burden of proof remains on the prosecution.
Our firm's reputation for meticulous case evaluation often leads to reduced charges, dismissals, or favorable negotiations.
How Donet, McMillan & Trontz, P.A. Helps Clients Facing Firearm Charges
Our Miami criminal defense attorneys are known for:
- Early, aggressive intervention to protect your rights.
- Challenging illegal police conduct.
- Negotiating charge reductions or diversion programs.
- Defending clients in both state and federal gun cases.
- Preparing cases for trial when necessary.
- Protecting your long-term record and civil rights.
We've successfully represented individuals in misdemeanor gun cases, felony firearm offenses, and complex federal investigations across South Florida.
When the penalties are this severe, experience matters.
Final Thoughts: Protect Your Rights Immediately
If you are wondering what are the legal consequences of firearm offenses, the answer is simple: firearm crimes can derail your future if not handled correctly and quickly. Whether you were accused of possessing a gun illegally, using one during a felony, or facing federal charges, you need a skilled legal team on your side.
At Donet, McMillan & Trontz, P.A., we fight to protect your freedom, your record, and your future. Contact our office today for a confidential consultation.
The sooner you call, the stronger your defense can be.
