Second Amendment Lawyer
The Second Amendment protects an individual’s right to bear and use arms in lawful situations. However, you can still face criminal charges if you discharge a weapon, even in self-defense. Our Second Amendment lawyers can help you assert your rights and protect your future from the devastating consequences of a conviction.
The Second Amendment to the United States Constitution preserves the right for individuals to “ keep and bear Arms” without infringement. While some statutory limitations exist, it is critical to preserve the right to lawful gun ownership and to protect individuals who are charged with a crime in violation of their civil rights.
If you have discharged your weapon in self-defense or been prosecuted for lawfully owning a firearm, the Second Amendment lawyers at the O’Mara Law Group can help you fight back. We are award-winning criminal defense attorneys with decades of experience handling important and complex Second Amendment violation cases like yours.
We fight tirelessly to protect our clients’ rights and their futures, so call our law offices to arrange a free consultation today.
What are my constitutional gun rights under the Second Amendment?
The text of the Second Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This might mean different things to different people.
The Supreme Court of the United States has weighed in, providing that the Second Amendment plainly “protects an individual right to possess a firearm unconnected with services in a militia, and to use that arm for traditionally lawful purposes.” The Supreme Court has also held that cities and states cannot pass laws to infringe on an individual’s right to bear arms.
However, limitations to the right to bear arms do exist. States can pass laws to ensure guns are used for lawful purposes. If you want to protect yourself proactively, consider becoming a member of 2A Legal, a nonprofit organization dedicated to helping victims of Second Amendment rights violations.
Limits to Constitutional Gun Rights
The Second Amendment right to bear arms does not mean that anyone can have any weapon and discharge it anytime they want. Gun ownership and use have limits — including age requirements, background checks, permit requirements, and restrictions on the types of firearms that can be sold.
Additionally, Florida and many other states prohibit convicted felons from owning a firearm. In some cases, convicted felons can have their right to bear arms restored, but only after a lengthy and detailed legal process.
How does the Second Amendment affect my right to act in self-defense?
The Second Amendment protects your right to keep and bear arms for lawful uses, including self-defense. The Supreme Court mentioned self-defense explicitly in its 2008 decision in District of Columbia vs. Heller.
It maintained that individuals have the right to use a firearm for a “traditionally lawful purpose, such as self-defense within the home.” This is particularly true “in the case of confrontation” to protect yourself or another person.
In Florida, you can face criminal charges for discharging a firearm. In these situations, you can claim self-defense, in which you acknowledge using your weapon but provide a reasonable justification for doing so. Specifically, self-defense is permitted when it is reasonably necessary to prevent imminent bodily harm.
Is Florida a Stand Your Ground state?
Yes. Florida has adopted the Castle Doctrine and Stand Your Ground laws, which strengthen your Second Amendment right to bear arms.
Under the Castle Doctrine, you have no duty to retreat if you are attacked in your own home. You can use a firearm to defend yourself or others.
In 2005, Florida adopted a liberal Stand Your Ground law, which provides that a person may use a firearm or weapon to act in self-defense, regardless of where they are — as long as they are there legally.
Under Florida Statutes Section 776.013, which incorporates these laws, deadly force can be used if you reasonably believe it is necessary to prevent the commission of death, great bodily harm to yourself or someone else, or a forcible felony. Whether in your home or out in public, you do not have a duty to retreat before discharging your firearm in self-defense.
Do I need a criminal defense lawyer if I acted in self-defense?
Absolutely. If you claim self-defense or invoke protection under Florida’s Stand Your Ground statute, you will have the burden of proving that you acted to protect yourself or others from imminent harm.
If you don’t prove your case, you could be convicted of a crime for asserting your Second Amendment rights. Hiring a Florida criminal defense lawyer near you can help you fight back against weapons charges and other allegations of misconduct.
The Second Amendment rights lawyers at the O’Mara Law Group put experienced advocates in your corner and give you the best opportunity to preserve your rights. When you call our legal team to represent your criminal case, we will:
- Verify that you were lawfully in possession of a firearm
- Gather evidence necessary to support your defense case, including photographs, video footage, witness testimony, ballistics reports, and physical evidence from the scene
- Demonstrate that you acted in self-defense or the defense of another person, as permitted by Florida state law and the Second Amendment to the Constitution
- Determine if you have been the victim of police misconduct or other civil rights violations
- File motions to have pending criminal charges dismissed
- Represent you at all hearings and on trial, if necessary
The consequences of an arrest, criminal charge, or conviction can be devastating. That is particularly true when the crime involves the lawful exercise of your Second Amendment rights.
That is why our Second Amendment lawyers will be your fiercest advocate and fight to protect your future and your constitutional rights. Contact the O’Mara Law Group and our nationally recognized civil rights attorneys for immediate legal assistance with your Second Amendment case.
