Stuart Man Sentenced to 25 Years in Prison for Morphine and Firearm Possession
A case caught the eyes of our Fort Lauderdale firearms criminal defense attorneys this week because it had an unusual beginning. The Treasure Coast Palm reported March 2 that James Buhs, 46, was searched and arrested last summer for selling illegal fireworks to an undercover officer. The search led to one of the largest fireworks raids in Martin County history, with officers confiscating 20,000 pounds of fireworks from the home and garage. More importantly for Buhs, the search turned up a firearm and 28 grams or more of morphine and the prescription anti-anxiety drug alprazolam. Buhs is a former felon who may not legally possess a firearm. Those discoveries formed the basis of the most serious drug and weapons possession charges.
Records show that Buhs was using fireworks for public displays, for which he had a permit and insurance. However, he had also been accused of selling some fireworks illegally, a second-degree misdemeanor. The state has the right to seize any illegal fireworks, which may have been the reason for the search warrant. However, when law enforcement officers arrived at the home, they found the morphine, the alprazolam and “several weapons.” The article said the alprazolam charge was dropped, and that Buhs was sentenced to time served for the misdemeanor fireworks charge. However, prosecutors charged him with trafficking in morphine and possession of a firearm by a convicted felon, and he pleaded no contest to both charges. He is serving a 25-year sentence for the morphine concurrently with a 15-year sentence for the weapons.
As Miami gun crime defense lawyers, we are most interested in the firearm possession charge. Once you have any felony on your record in Florida, you are legally barred from possessing a firearm for the rest of your life. That’s true even if the original crime was not a gun crime and even if the original crime was not violent. As you can see from this case, the penalties are extremely steep -- possession of a firearm by a felon is a second-degree felony itself, carrying up to 15 years in prison. People with felony convictions in their past can petition Florida’s government to restore their civil rights, which include the right to bear arms as well as the right to vote and have certain jobs. We strongly recommend that former felons who want to own firearms for law-abiding purposes petition to restore their civil rights, so they don’t face this steep sentence for engaging in otherwise legal, and constitutionally protected, behavior.
Law offices of Sebastian John Balliro, P.A. believes in the Second Amendment, and that some criminal prosecutions for firearms crimes spring from overreaching by anti-gun police and politicians. We defend clients who have run afoul of Florida and federal law by exercising their right to bear arms. Our West Palm Beach weapons crimes criminal defense lawyers handle all kinds of criminal charges, from possession to large-scale sales to use of a firearm for self-defense. We also represent people who need help with civil firearms law, including petitioning for restoration of their gun rights. Our attorneys include hunters, collectors and sport shooters, and partner Sebastian Balliro is an NRA referral attorney.
If you’re charged with a gun-related crime in Florida and you know you need help untangling yourself, you should call Balliro today. For a free consultation, you can send us an email through this site or call 1-866-FIREARM toll-free from anywhere in Florida.
