In Florida, firearm crimes are taken especially seriously. While theft itself can range from petty to grand theft depending on the value of the stolen property, the theft of a firearm is automatically treated as a felony offense, regardless of the gun’s monetary value. Prosecutors and judges view firearm thefts as particularly dangerous because stolen guns often end up being used in violent crimes.
If you are facing charges for theft of a firearm, the consequences can follow you for the rest of your life, including a felony record, prison time, loss of firearm rights, and other collateral consequences. Having a skilled defense attorney is crucial to protecting your future.
Gainesville Firearm Theft Defense Lawyer
If you have been charged with theft of a firearm in Florida, contact the Galigani Law Firm immediately. Gainesville defense attorney Dean Galigani has extensive experience handling firearm-related theft cases across Florida and understands how prosecutors build these cases. He is committed to developing strong defense strategies that protect your rights and fight for the best possible outcome.
Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation regarding your firearm theft case in Gainesville, Lake City, Ocala, and throughout the surrounding Florida counties.
Information Center
- Definition of Theft of a Firearm in Florida
- Penalties for Firearm Theft
- Defenses to Firearm Theft Charges
- How Firearm Theft Differs From Other Theft Charges
- Frequently Asked Questions
- Additional Resources
Definition of Theft of a Firearm in Florida
Under Florida Statute § 812.014, theft occurs when a person knowingly obtains, uses, or attempts to obtain or use the property of another with the intent to permanently or temporarily deprive that person of their property. When the property involved is a firearm, the charge is automatically elevated to grand theft of the third degree, a felony, regardless of the firearm’s monetary worth.
This means that even if the firearm is inexpensive or non-functional, the theft is still a felony offense in Florida.
Penalties for Firearm Theft
Theft of a firearm is classified as a third-degree felony, punishable by:
- Up to 5 years in prison
- Up to 5 years of probation
- Fines of up to $5,000
In addition, firearm theft carries serious collateral consequences, such as:
- Loss of the right to own or possess firearms
- Being labeled as a convicted felon
- Employment challenges due to a permanent criminal record
- Enhanced sentencing if the firearm is later used in another crime
Certain factors can elevate or worsen the penalties for firearm theft, including:
- Multiple Firearms: Stealing more than one firearm can result in harsher sentencing.
- Stolen from a Law Enforcement Officer: If the firearm belonged to law enforcement, penalties may be more severe.
- Use of the Stolen Firearm in a Crime: If the stolen gun was later used in another crime (robbery, assault, etc.), prosecutors may pursue additional charges.
- Organized Theft Rings: Stealing firearms as part of a trafficking operation may lead to conspiracy or racketeering charges.
Defenses to Firearm Theft Charges
A skilled defense lawyer can use a variety of strategies to challenge firearm theft charges, such as:
- Lack of Intent – If the prosecution cannot prove you intended to permanently deprive the owner of the firearm, the charge may be reduced or dismissed. Example: Borrowing a firearm without permission but intending to return it.
- Mistaken Identity – Eyewitness misidentification or weak surveillance evidence can be challenged. Example: Being accused because you fit a general description, but you were not the person who committed the theft.
- Unlawful Search and Seizure – If law enforcement found the firearm through an illegal search, the evidence can be suppressed. Example: Police searching your home without a warrant or valid exception.
- Ownership Disputes – In some cases, disputes over firearm ownership can complicate charges. Example: Two people claiming rights to the same firearm after a breakup or inheritance.
How Firearm Theft Differs From Other Theft Charges
Most theft charges in Florida are determined by the value of the property stolen. However, firearm theft is unique because it is automatically a felony regardless of the weapon’s worth. Even a $100 firearm is treated with the same seriousness as a $1,000 one.
Additionally, firearm theft cases often involve heightened prosecutorial scrutiny and may attract federal attention if firearms cross state lines or are trafficked in large numbers.
Frequently Asked Questions
Is theft of a firearm always a felony in Florida?
Yes. Regardless of the firearm’s value, theft of a firearm is automatically a third-degree felony.
Can firearm theft charges be reduced?
Yes, in some cases, charges may be reduced to misdemeanor theft if evidence is weak or if plea negotiations are successful.
Will I lose my gun rights if convicted of firearm theft?
Yes. A felony conviction in Florida results in permanent loss of the right to own or possess firearms.
What if I didn’t know the property I took was a firearm?
If the defense can show you were unaware that the stolen property was a firearm, this may be a basis for challenging the charge.
Additional Resources
Florida Statute § 812.014 – Theft – Read the full text of Florida’s theft statute, including provisions for firearm theft and related penalties.
Florida Criminal Punishment Code – Provides information on felony sentencing, probation terms, and other penalties for theft-related offenses.
Gainesville Firearm Theft Defense Attorney | Alachua County, FL
If you have been charged with theft of a firearm in Florida, do not wait to seek experienced legal counsel. Gainesville criminal defense attorney Dean Galigani of the Galigani Law Firm has years of experience fighting firearm-related theft charges and knows how to build strong defenses against the prosecution.
Contact the Galigani Law Firm today at (352) 375-0812 or send an online message for a free consultation regarding your firearm theft charges in Gainesville, Alachua County, Marion County, Columbia County, Levy County, and surrounding areas in Florida.
