What is the crime of Possession of a Firearm, Ammunition, an Electric Weapon/Device or Carrying a Concealed Weapon by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense which would be a Felony if Committed by an Adult in Florida?

Hands loading a weapon

The crime of Possession of a Firearm, Ammunition, an Electric Weapon/Device or Carrying a Concealed Weapon by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense which would be a Felony if Committed by an Adult is a First Degree Felony that is punishable by 30 years in prison and a $10,000 fine.

This offense occurs when a:

  1. Person had been found by a court of this state, a court of another state, territory, or country to have committed a delinquent act that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year.
  2. After being found to have committed the delinquent act, the person knowingly owned or had in his/her care, custody, possession, or control a firearm, ammunition, or an electric weapon/device. OR
  3. After being found to have committed the delinquent act, the person knowingly carried a concealed weapon.

Definitions

“Delinquent act” is a violation of law found by a court to have been committed by any married or unmarried child under 18 years of age.

“Care” and “custody” mean immediate charge and control exercised by a person over the named object. The terms care, custody, and control may be used interchangeably.

“Knowingly” means with actual knowledge and understanding of the facts or the truth.

“Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason.

A “firearm” means 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;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime.

An “electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

 “Ammunition” means an object consisting of all of the following:

  1. A fixed metallic or nonmetallic hull or casing containing a primer.
  2. One or more projectiles, one or more bullets, or shot.
  3. Gunpowder.

A “concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such manner as to conceal the weapon from the ordinary sight of another person.

Some of the defenses to Possession of a Firearm, Ammunition, an Electric Weapon/Device or Carrying a Concealed Weapon by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense which would be a Felony if Committed by an Adult are:

  • Person had not been convicted of a delinquent act.   
  • The person did not knowingly have possession of Concealed Weapon or a Firearm, Ammunition, or an Electric Weapon or Device.
  • Person did not have control of a firearm. 

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Possession of a Firearm, Ammunition, an Electric Weapon/Device or Carrying a Concealed Weapon by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense which would be a Felony if Committed by an Adult in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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