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 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.
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.
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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.
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.
