Using a Firearm While Under the Influence


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Using a Firearm While Under the Influence allegations.
Firearms related offenses are treated extremely harshly in the State of Florida.  Give us a call today to discuss your Using a Firearm While Under the Influence case. 

What is Using a Firearm While Under the Influence?

Using a firearm while under the influence is defined in Florida Statute Section 790.151.  To prove the crime of Using a Firearm While Under the Influence, the State must prove: 
1.   You used a firearm, and

2.   You were under the influence of an alcoholic beverage or any chemical substance, or any controlled substance when affected to the extent that your normal faculties were impaired, when using the firearm. 

"Using" means discharging or having the firearm readily accessible for immediate discharge.

"Readily accessible" means loaded and in a person's hand. 

What are the potential consequences a Using a Firearm While Under the Influence conviction?

A conviction for Using a Firearm While Under the Influence can result in up to 60 days in jail

What are the possible defenses to Using a Firearm While Under the Influence?

Common defenses to Using a Firearm While Under the Influence include:
  • You were not under the influence and your normal faculties were not impaired. 
  • You were not using the firearm as defined by statute. This usually encompasses whether the firearm was readily accessible.
  • The State lacks evidence to establish you used the firearm or were impaired.  For example, the State's main evidence may be the testimony of one witness who may not be credible. 
  • Other defenses may be case specific.  Call us to discuss the facts of your case.

If you or a loved one has been arrested for or accused of
Using a Firearm While Under the Influence,

Call Shorstein, Lasnetski & Gihon now at
904-642-3332 (Jacksonville) or 407-228-2019 (Orlando).

 
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