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Minor in Possession of Firearms

The laws governing firearms and other weapons in Florida are complex, and there are numerous obscure laws that are hard to find in the online statutes. Few people realize that adults can be punished for the actions of a juvenile under the Florida weapons laws, and the consequences for these violations can be severe. If you or your child has been charged with being a minor in possession of a firearm or BB gun contact South Florida criminal defense lawyer Benjamin Herbst anytime for a free consultation at (954) 543-0305. Benjamin specializes in juvenile firearm possession and other weapons offenses involving minors in Miami-Dade, Broward and Palm Beach Counties. He also defends clients in along the Treasure Coast in cases charged in Martin and St. Lucie Counties. Benjamin is willing to meet to discuss your case at any of his South Florida locations including Fort Lauderdale and West Palm, and can also meet at any convenient location from Miami to Stuart. He provides all clients with his cell phone number, and is available to speak about the case on nights and weekends. Benjamin fights to achieve the best possible result in all his client’s cases, and also places a great deal of emphasis on keeping his clients informed each step of the way.

Possession of a firearm by a minor is serious offense under Florida law, and the consequences could be permanent if the case is not handled properly. A minor may be charged with a first-degree misdemeanor for possessing a firearm, and ordered to be committed to a secure juvenile facility for up to 3 days. The juvenile defendant may be ordered to complete 100 hours of community service and his or her driver’s license could be suspended for up to one year. Additionally, minors convicted of any firearm offense in Florida may be subject to having their name released to the public, while most other juvenile offenses are sealed from public view. Any juvenile charged with as a repeat offender for possessing a firearm could be charged with a felony and be forced to serve 15 days in a secure facility. Community service for second-time offenders could be up to 250 hours, and driver’s license suspensions could also occur. An adult who allows a minor to possess a firearm may also face third-degree felony charges punishable by up to five years in prison. Benjamin is a South Florida lawyer specializing in cases involving a minor in possession of a firearm. He has extensive experience representing juveniles for the most serious criminal charges and will work to assure that the child’s future is preserved. Benjamin knows how to communicate with juvenile defendants and always keeps the family informed and involved. He also represents adults facing charges for allowing or permitting a minor to access a firearm.

In Florida a minor under the age of 16 is not permitted to be in possession of a BB gun or electric weapon such as a stun gun unless they are directly being supervised by an adult. If the adult is not their parent, the parent must have given permission to the supervising adult. If a minor under the age of 16 is found to have a BB gun or electric weapon without proper supervision, then the parent or guardian can actually be charged with a second-degree misdemeanor punishable by 60 days in jail. The state must prove the adult knowingly permitted the minor to have access to the weapon, and a criminal defense lawyer may be able to argue this defense in order to have the case dismissed.

Improper storage of a firearm is also a common charge in Florida that Benjamin Herbst has successfully defended. It can occur if an adult fails to fail or leave a firearm in the required manner, and as a result a minor gains possession of the firearm. In situations like this both a juvenile and an adult could face charges. Like all other weapons laws, improper storage of a firearm has numerous defenses that an experienced Florida criminal defense lawyer can argue to have the charges dismissed. Benjamin has years of experience and hundreds of firearm cases to his credit, and is willing to do whatever it takes to help you or your child.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.