What do people mean when they say FIREARMS offense?
Not withstanding the fact that the 2nd Amendment to the US Constitution guarantees persons the right to bear arms, and not withstanding various “concealed weapons” permits authorized by various States, many offenses are predicated upon the offender’s use and or possession of a firearm. Apart from crimes which occur simply from possessing a gun (i.e. improper possession of a firearm without a permit or possession of a firearm by a convicted felon), many crimes occur from simple display of a gun (i.e. improper exhibition or aggravated assault with a firearm). In other cases the mere possession or use of a firearm during the commission of an offense can enhance the penalties to which the offender is exposed. For example, in Florida the existence of a firearm can enhance a 3rd degree felony to a 2nd, or a 2nd to a 1st, or a 1st to a 1st punishable by life. Also, in Florida, the “10/20/LIFE” creates minimum mandatory penalties where the State can prove that a firearm was directly involved in a given offense (i.e. there is a 10 year minimum mandatory sentence if an offender exhibits a firearm during the commission of certain enumerated crimes, a 20 year minimum mandatory sentence if an offender discharges a firearm during the commission of certain enumerated crimes and a minimum mandatory life sentence if someone is shot by an offender during the commission of certain enumerated crimes.
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