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Felon in Possession of a Firearm in Florida: Prohibitions, Charges and Working with a Lawyer

Felon in Possession of a Firearm in Florida: Prohibitions, Charges and Working with a Lawyer

Being convicted of a felony can result in long prison sentences and big fines. But even after serving time, felons face more restrictions—like losing the right to own a gun. If convicted of a felony and caught with a weapon, you could be charged with felon in possession of a firearm in Florida. This is a serious offense with harsh punishment.

What Does the Law Say About Felons and Guns in Florida?

Florida Statute § 790.23 says felons cannot possess or control any firearm, ammunition, or electric weapon

. This law also says a convicted felon cannot carry a concealed weapon, including chemical weapons or devices like tear gas guns

.In Florida, a convicted felon is someone found guilty of a crime punishable by more than one year in prison. People convicted of a felony in another state that breaks these laws can be charged with felon in possession of a firearm in Florida

.In addition to guns, felons cannot have things like

:

• Bullets
• Gunpowder
• Knives and dirks
• Batons

Actual vs. Constructive Possession

There’s a difference between actual and constructive possession in Florida

. Actual possession means the person has physical control of the gun. Having a gun in your hand or on your person is actual possession. Constructive possession is when the gun is in a place the felon controls. With constructive possession, police can reasonably assume you knew where the gun was and could access it

. But just being near a gun is not enough to prove control over it

.

Penalties for Felon in Possession of a Firearm

In Florida, possession of a firearm by a convicted felon is a second-degree felony

. It can be punished by up to 15 years in prison and a $10,000 fine

. There is a three-year minimum mandatory sentence for felons found in actual possession of a firearm

.Possession of a firearm by a convicted felon also breaks federal law. Federal law prohibits felons from having any firearms or ammunition

. Felons under federal law are people convicted of a crime punishable by more than one year in prison

.Federal crimes are punished more harshly than state charges

. According to the United States Sentencing Commission, 96.9% of felons in possession of a firearm were sentenced to prison

. If a federal agency arrested you, get legal help right away.

Possible Defenses

There are defenses to a felon in possession charge

:

• Challenging possession: With constructive possession, you can argue the person couldn’t access the weapon.
• Felon status: If your right to own a gun was restored, you might not qualify as a felon under the law.
• Constitutional challenge: A lawyer could argue your 4th or 5th Amendment rights were violated.

Working with a Lawyer

Felon in possession of a firearm is serious with harsh punishment. If charged, get legal advice immediately. A criminal defense lawyer can review the facts and determine the best defense. Don’t go it alone.

More Details on the Law

Here are more details on Florida’s law prohibiting felons from having firearms:

What is Considered a “Felon” in Florida?

In Florida, a convicted felon is someone found guilty of a criminal offense punishable by more than one year in prison

. This includes:

• Convicted of a felony in Florida
• Convicted of a federal felony
• Convicted of a crime in another state punishable by more than one year in prison

It also includes being adjudicated delinquent as a juvenile for an offense that would have been a felony as an adult

.

Statutory Definitions

Florida Statute § 790.23 says

:

“It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device…if that person has been…Convicted of a felony…”

The statute defines “convicted” as a judgment in a criminal case finding the defendant guilty

.

Exceptions

There are exceptions if civil rights and firearm authority were restored after completing the sentence

. But these cases are rare.

10-20-Life Law

Florida’s 10-20-Life law sets mandatory minimum sentences for certain felony crimes involving a firearm. It requires a minimum 3 year sentence for felons found in actual possession of a firearm

.

Federal Law

Federal law 18 U.S.C. 922(g)(1) also prohibits felons from possessing firearms or ammunition. The penalty can be up to 10 years in federal prison. Prior convictions can increase the minimum sentence to 15 years

.

Conclusion

The penalties for felon in possession of a firearm in Florida are harsh. But defenses exist, and a lawyer can help get charges reduced or dismissed. Don’t go through it alone. Consult with an experienced criminal defense attorney if facing these charges.