What Miami Residents Need to Know About Gun & Weapons Charges in 2025

Gun laws in Florida have always been complex—and recent changes in 2024 and 2025 have only added to the confusion. With Miami’s urban density and South Florida’s diverse population, weapons-related arrests are on the rise. Whether you’re a concealed carry permit holder or simply found with a firearm in your vehicle, understanding how gun laws apply is critical.

At the Law Offices of Francisco Marty, we defend individuals facing firearm and weapons charges across Miami–Dade, ensuring their rights are protected and that no one is convicted based on misunderstanding, fear, or improper procedure.

Florida’s “Permitless Carry” Law: What It Means

In 2023, Florida adopted a permitless carry law, allowing individuals to carry a concealed firearm without a permit. But many people don’t realize:

• Open carry is still illegal in most cases
• You must be at least 21 and legally allowed to possess a firearm
• Firearms are still banned in specific areas (schools, courthouses, airports, bars, etc.)
• Law enforcement still has discretion to detain and investigate based on suspicion

This legal gray area has led to a spike in gun-related arrests in Miami, even among people who believed they were following the law.

Common Gun Charges in Miami

Francisco Marty regularly defends clients charged with:

• Carrying a concealed weapon without lawful authority
• Improper exhibition of a firearm
• Felon in possession of a firearm
• Unlawful discharge of a firearm
• Possession of an unregistered or stolen firearm
• Possession of a weapon during commission of a crime

Each of these charges can carry serious penalties, including prison time, mandatory minimums, and the loss of gun ownership rights.

How We Defend Gun Charges in South Florida

Our office builds customized defenses based on each client’s situation. Common strategies include:

1. Lack of Knowledge or Intent

You may not have known a weapon was in the car, or it may have belonged to someone else. Proving lack of intent can lead to dismissed or reduced charges.

2. Illegal Search and Seizure

If police found your firearm through an unlawful stop, search, or vehicle search without probable cause, we can file a motion to suppress the evidence.

3. Stand Your Ground or Self-Defense

If a firearm was discharged during a self-defense situation, Florida’s “Stand Your Ground” laws may provide protection from prosecution.

4. First-Time Offender or Civilian Record

We highlight clean records, military service, or legal firearm ownership to push for reduced penalties or pretrial diversion in non-violent cases.

Firearm Enhancements Make the Stakes Higher

In Florida, simply possessing a gun during a crime—even if not used—can trigger sentencing enhancements under the 10-20-Life rule. For example:

• 10 years for possessing a gun during a felony
• 20 years if the gun was fired
• 25 years to life if someone was injured or killed

Having a knowledgeable defense attorney is not optional—it’s essential.

Real Case Example

A client was charged with unlawful concealed carry after being pulled over in Little Havana. Police found a firearm in the glove compartment. However, we proved he had no criminal history, had completed firearms training, and the search was unlawful. The case was dismissed before trial.

Final Thoughts

Gun charges in Miami are serious, and the laws are constantly changing. If you’ve been arrested for a firearm-related offense in South Florida, you need an attorney who knows the law, understands your rights, and knows how to win in court.

At the Law Offices of Francisco Marty, we bring aggressive, ethical defense to every gun charge—and we’re ready to fight for you.

Call now for a confidential consultation and protect your future, your rights, and your freedom.