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Unlawful Sale and Purchase of Firearms

Firearms dealers must adhere to strict rules under state and federal law, and the consequences could be severe if law enforcement believes a dealer has not complied with protocol. The same is true for purchasers of firearms, who are mandated by state and federal law to be truthful in answering questions on an application to purchase a firearm, and have other obligations related to their purchase. Florida statute 790.065 lays out the basic rules and regulations for purchasing a firearm in the state, but there are numerous other statutes that may apply. The laws can be wordy and complex, which often leads to unsuspected legal trouble for those who may have unintentionally broken the law. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in representing defendants who have been charged with illegal sale, transfer or purchase of firearms in Miami-Dade, Broward and Palm Beach Counties. Benjamin also represents defendants in Martin County and St. Lucie County and can meet at a convenient location to discuss your case. He has offices in Fort Lauderdale and West Palm, and is more than willing to travel for a consultation. Contact Benjamin at (954) 543-0305 for a free consultation anytime about your case.

It is widely known that state and federal law prohibits a person who has been convicted of a felony from purchasing or owning a firearm, but there are far more restrictions on who may purchase and possess a gun. Florida law prohibits anyone who has been convicted of misdemeanor crime of domestic violence, has been adjudicated mentally defective, involuntarily committed or has been subject to an injunction for protection from purchasing a firearm. State law may also prohibit anyone how has pending charges against them from purchasing a gun, and in some cases those who have even been charged with a dangerous crime or a weapons crime may be prohibited from purchasing. If you have questions about whether you are eligible to purchase contact South Florida gun lawyer Benjamin Herbst anytime. He can review the law with you and go over any possible scenarios that may apply to your case.

If you have been charged with knowingly providing false information on firearms purchase application Benjamin will fight tooth and nail to have the charges dropped regardless of whether the case is charged in state or federal court. Under Florida law making a false statement on a gun purchase application is a third-degree felony with a 5-year maximum penalty, and up to 10 years under federal law. The same third-degree felony applies for gun dealers who violated state law regarding the restrictions on who may purchase a firearm. Any dealer who does not follow the protocol could be charged with a serious felony even if there were no intentional unlawful acts. Dealers could also face misdemeanor charges for improperly running a person’s criminal background check, and even law enforcement and FDLE officers could be charged for improper use of the gun databases. One of the most common crimes related to the dealing of firearms is making a straw purchase. Straw purchase basically means buying the gun for someone else; common scenarios include buying a gun for a prohibited person, a juvenile or a person that is not legally in the U.S. It is also a felony under federal law to sell or transfer a gun to a person that is prohibited from purchasing themselves, or to a person who does not reside in the same state as you. Another common charge is furnishing a weapon to a minor under the age of 18, which is a misdemeanor under Florida law. The definition of weapon under this statute is broad, and basically includes anything other than an ordinary pocket knife. Furnishing a firearm to a minor is a third-degree felony, which could lead to potentially serious consequences if not handled by a skilled Florida criminal lawyer.

The state and federal gun laws are complex and the charges for violation are too serious to face without a skilled South Florida criminal defense lawyer. Benjamin has extensive experience representing gun buyers and dealers, and specializes in charges for unlawful sale or straw purchase of firearms. Contact Benjamin today to learn how he can fight to have your charges dismissed or reduced.

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.