Understanding Firearm Possession by a Convicted Felon Charges in Florida, the Penalties, and How a Our Attorneys Can Make the Difference
If you have been accused of possessing a firearm as a convicted felon in Florida, you are facing one of the most aggressively prosecuted offenses in our state. Florida has some of the strictest gun laws in the country, and prosecutors rarely show leniency in these cases. I have represented clients across Florida who were charged with this offense, and I can tell you from firsthand experience that a strong defense often makes the difference between years behind bars and the opportunity to move forward with your life.
What the Law Says About Firearm Possession by a Convicted Felon
The primary law that governs this offense is Florida Statute § 790.23, which states:
“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, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony; or
(d) Found to have committed a crime in another state, territory, or country that was punishable by imprisonment for more than one year.”
In plain language, if you have a prior felony on your record, you cannot possess a firearm, ammunition, or even certain electronic weapons in Florida. The definition of possession is broad, and that is where many defenses can be built.
Why This Charge Is So Serious
Under Florida law, possession of a firearm by a convicted felon is a second-degree felony, punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- A fine of up to $10,000
However, Florida’s 10-20-Life Law (Florida Statute § 775.087) often applies, which means the penalties can be even harsher. If the State proves that a firearm was actually used or carried during the commission of another offense, mandatory minimum prison sentences may come into play. For example, simply possessing the firearm can trigger a three-year mandatory minimum prison sentence.
This is why having a private defense attorney is so critical. Without experienced representation, you could end up serving mandatory prison time even if the firearm was never discharged or used.
How Prosecutors Try to Prove Possession
The State does not need to show that the firearm was found on your body. Under Florida law, possession can be either actual or constructive:
- Actual possession means the gun was found on you, such as in your waistband, pocket, or hand.
- Constructive possession means the firearm was found in a place where prosecutors claim you had control, such as your home, vehicle, or even a shared space.
Constructive possession cases often rely on circumstantial evidence. For example, if a gun was found in the trunk of a car with multiple passengers, the prosecution must prove that you had both knowledge of the firearm and the ability to control it. That is not always easy to prove, and this is where a defense lawyer can challenge weak evidence.
Real Case Example: Winning a Firearm Possession Charge
One of my clients was pulled over in Jacksonville for a routine traffic stop. Officers searched his car and found a handgun in the glove compartment. My client had a prior felony conviction, so he was immediately charged with possession of a firearm by a convicted felon.
The problem with the State’s case was that the car was not his, and the glove compartment was locked. He did not have the key, and the gun was registered to another individual.
I filed motions to suppress the evidence and challenged the State’s proof of constructive possession. The court agreed that there was not enough evidence to show that my client knew the firearm was in the vehicle or that he had control over it. The charges were dismissed.
Without a defense attorney, my client could have been facing years in prison. Instead, he walked away with his freedom intact.
Defenses to Firearm Possession by a Convicted Felon
Several defenses may apply depending on the facts of your case. These include:
Lack of Possession
If the firearm was not found on you, the State must prove both knowledge and control. This is often difficult, especially in cases involving shared spaces or vehicles.
Illegal Search and Seizure
The Fourth Amendment protects against unlawful searches. If law enforcement did not have probable cause, consent, or a valid warrant, the firearm evidence may be thrown out.
Temporary Possession for Self-Defense
In rare situations, courts have recognized temporary possession of a firearm for the purpose of self-defense as a defense. This requires strong supporting evidence.
Firearm Was Not a “Firearm”
Under Florida law, the definition of a firearm excludes certain antique weapons or firearms rendered permanently inoperable. If the item in question does not meet the statutory definition, the charge cannot stand.
Identity Issues
In some cases, the prosecution cannot prove that the defendant was the one who possessed the firearm. Mistaken identity or weak witness testimony can be challenged.
Each of these defenses requires an attorney who understands how to attack the State’s case. Prosecutors are not going to dismiss charges unless they are forced to see the weaknesses in their evidence.
Related Florida Statutes That May Impact Your Case
Aside from § 790.23, other statutes often come into play:
- § 775.087 (10-20-Life Law) – Enhances penalties when firearms are involved.
- § 948.06 – If you are on probation at the time of the offense, a firearm possession charge will almost always trigger a violation of probation, which can result in additional penalties.
- § 921.0024 – Establishes the Criminal Punishment Code scoresheet, which often requires prison time for firearm possession by a felon unless strong mitigation is presented.
A knowledgeable defense lawyer can argue for reduced sentencing, probation instead of prison, or dismissal based on the facts of your case.
Why You Need a Private Defense Lawyer
These cases are rarely straightforward. Prosecutors often file them aggressively, judges take them seriously, and public defenders are often overwhelmed with caseloads. A private attorney gives your case the attention it requires, investigating every angle and exploring every possible defense.
I have seen many cases where the difference between prison and freedom came down to whether the defendant had a dedicated lawyer fighting for them. When your future, your family, and your rights are on the line, you cannot afford to take chances.
Frequently Asked Questions About Firearm Possession by a Convicted Felon in Florida
What happens if I am caught with a firearm in my car but I did not know it was there?
Knowledge is a required element for possession. If the State cannot prove that you knew the firearm was present and had control over it, they cannot convict you. This defense is particularly strong in cases involving shared vehicles or borrowed cars. A skilled Florida criminal defense attorney can build this defense and challenge the prosecution’s evidence.
Can I be charged if the firearm belonged to someone else?
Yes, you can still be charged even if the gun was legally owned by another person. The question is whether you had possession, either actual or constructive. If the prosecution cannot prove that you had control over the firearm, the case may be dismissed. Your attorney will focus on exposing the weaknesses in the State’s case.
Is there a mandatory minimum prison sentence for this charge?
Yes, under Florida’s 10-20-Life statute, there is often a three-year minimum mandatory prison sentence for firearm possession by a convicted felon. However, this is not automatic in every case. A defense lawyer may be able to negotiate a reduced charge, such as possession of ammunition only, which carries lighter penalties.
What if the police searched my house without a warrant and found a firearm?
If law enforcement violated your Fourth Amendment rights by conducting an illegal search, your attorney can file a motion to suppress the evidence. If the court agrees, the firearm cannot be used against you, and the case may be dismissed. This defense has been successful in many Florida cases.
Can I ever get my gun rights restored after a felony conviction?
In Florida, restoration of civil rights, including the right to possess firearms, is possible but very difficult. It requires a clemency process through the Office of Executive Clemency, and it is not guaranteed. Until your rights are restored, you are prohibited from possessing firearms.
What if the firearm was an antique or inoperable?
Florida law excludes antique firearms manufactured before 1918 and certain inoperable weapons from the definition of a firearm. If the weapon does not meet the legal definition, your attorney can argue that the charge should not apply.
Can I be charged if the ammunition was found without a firearm?
Yes, Florida law prohibits felons from possessing not only firearms but also ammunition. This means you could face the same penalties even if only bullets were found.
What if I am found guilty? Can my attorney still help?
Yes, even if a conviction cannot be avoided, an attorney can argue for reduced sentencing, probation, or other alternatives. Strong mitigation, such as evidence of rehabilitation, employment, and community support, can often reduce the penalties imposed by the court.
Will this conviction affect my probation or parole?
Absolutely. If you are on probation or parole, a firearm possession charge will almost always trigger a violation. This can lead to additional penalties, including revocation of probation and imposition of your original sentence. A lawyer can represent you in both the new charge and the violation hearing.
Do prosecutors ever agree to reduce these charges?
Yes, in some cases prosecutors may reduce the charge to possession of ammunition or a lesser offense if the evidence is weak or if your attorney can present strong mitigating circumstances. Negotiations like this require experienced legal representation.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or someone you care about has been charged with possession of a firearm by a convicted felon in Florida, you need immediate legal help. These cases carry serious prison time, and waiting to build your defense only helps the prosecution.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.