Posted On: December 17, 2009 by Pensky & Kim

Firearms and Deadly Weapons

There is a reason that an individual is lawfully supposed to have a firearm certification in every state. On that note, the firearm has to be locked up in a safe place if the owner is fully aware that minors can have access to the deadly firearm.

On December 5, 2009, a three-year-old girl was found dead in a South Miami-Dade home. The victim’s family has no idea what happened, but the authorities have the reason to believe that the little girl picked up the gun on her own and shot herself. She was visiting friends and family and found a small caliber gun. The little girl’s identity has yet to be released, but she was airlifted to a children’s hospital in Miami where she was later pronounced dead.

The homeowner’s brother was not quite sure what happened or how. Charges are currently pending on this accident, and the Miami-Dade police are still investigating the crime.

Firearms Must Be Stored Safely

Unless there is proper supervision, a minor may not touch or handle a deadly firearm. The weapon must be put in a safe place and locked up so it cannot be in a child’s reach. If this law is ever violated, it can cause an individual to be charged with a second-degree misdemeanor. The only exception to this rule is if an intruder enters the house un-allowed.

A minor may not possess a firearm unless it is unloaded in the house, or an intruder enters the home. It is illegal to carry an open firearm or concealed handgun without a license unless:

· It is at home or a place of business
· It is being transported from a hunting trip back to the place of residence
· It is before or after shooting at a gun range
· It is secured in a case
· It is a pistol that is unloaded, but is being carried to the residence from being purchased at a gun shop or repair shop
· You are in the business of legally manufacturing handguns and firearms

It is lawful to carry a concealed weapon for self-defense if it is enclosed in a safe case and not available for immediate use. Miami criminal defense attorneys can help you understand the rules of purchasing and owning firearms. An individual can apply for a concealed handgun license under certain guidelines.

· He or she is a United States resident and at least twenty-one years of age
· He or she does not fall under the category of a mental illness
· He or she is not a convicted felon
· He or she does not drink on a daily basis and is not an alcoholic
· He or she has not been convicted for a crime three years prior to filing the application

Florida laws state that handguns are allowed for use during self-defense even if deadly force is needed. There are no exceptions to the rules of safety, so if you are defending yourself and trying to save your own life, then this is the only reason you should use force on someone else with a firearm. Miami criminal defense lawyers are there to help clients understand his or her right as a firearm owner. Call (305) 571-9800 to speak to one of the experienced lawyers at Pensky & Kim.