Speak with a Florida Illegal Possession of Ammunition Defense Attorney Today to Protect Your Record and Your Rights

As a Florida criminal defense attorney, I know how quickly an innocent misunderstanding or momentary lapse in judgment can turn into a criminal charge that threatens your freedom, your job, and your future. One charge that’s often overlooked until it’s too late is the illegal possession of ammunition. Whether you’re a felon accused of having even a single round or someone arrested with ammunition in a restricted area, the consequences can be severe.

If you’ve been charged under Florida’s laws prohibiting certain individuals from possessing ammunition, you need to act immediately. You may think a box of bullets isn’t a big deal. But Florida law treats ammunition in many cases the same way it treats firearms—especially for those with prior felony convictions. That means you could face years in prison, a permanent felony record, and other penalties that can follow you for the rest of your life.

Let me walk you through what the law says, how these cases are prosecuted, and what I can do to defend you in court.

Understanding Florida’s Ammunition Possession Laws

In Florida, the law doesn’t just criminalize the illegal possession of firearms—it also covers ammunition. If you’re legally prohibited from owning a gun, then under Florida law, you’re also prohibited from possessing ammunition.

Here’s what the law says:

Florida Statute § 790.23 – Possession of Firearm or Ammunition by a Convicted Felon

“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:
(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;
(d) Found to have committed a delinquent act in another state, territory, or country which would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year.”

That statute makes it a second-degree felony to possess ammunition if you fall into any of the categories listed above.

A second-degree felony in Florida is punishable by:

  • Up to 15 years in prison

  • Up to 15 years of probation

  • Up to $10,000 in fines

That’s a serious sentence for simply having ammunition in your car, your home, or even in your pocket.

How Ammunition Possession Charges Often Arise

Most people charged with illegal ammunition possession didn’t even realize they were breaking the law. I’ve represented people who:

  • Were pulled over for a minor traffic infraction and had a single bullet in the glove box

  • Had ammo left behind in a jacket or backpack from years ago

  • Thought their civil rights were restored but didn’t realize ammunition was still off-limits

  • Were on probation and found with ammunition during a home visit

The State doesn’t need to prove that you had a firearm. Ammunition by itself is enough to trigger a felony charge if you’re legally barred from having it.

Real Case Example – Charges Dismissed After Illegal Search

I represented a client in Hillsborough County who had a prior felony conviction from over a decade ago. He was pulled over for a broken taillight. During the stop, the officer claimed to smell marijuana and conducted a search without consent. They found a small metal container in the trunk with several .22 caliber rounds inside.

He was arrested for possession of ammunition by a convicted felon under § 790.23. But after reviewing the body cam footage and the officer’s report, I filed a motion to suppress the evidence due to an unlawful search. The judge agreed. All charges were dismissed before trial.

That case highlights how important it is to hire a private defense attorney who can analyze every angle of the arrest and the evidence. Without a solid legal defense, that client would have faced up to 15 years in prison.

Why You Need a Private Attorney for These Charges

Public defenders are overloaded and often juggling dozens of cases. With a felony ammunition charge, the stakes are too high to risk a rushed or superficial defense.

As your Florida Illegal Possession of Ammunition Defense Attorney, I personally investigate:

  • The legality of the stop or search

  • Whether you were ever officially adjudicated guilty of a felony

  • If your civil rights were restored

  • Whether you knew the ammunition was in your possession

  • Chain of custody and forensic handling of the ammunition

A private attorney also has the time and resources to negotiate with prosecutors before charges are filed, which can sometimes lead to a diversion program, reduced charge, or outright dismissal—none of which you’ll get without aggressive representation.

Other Relevant Florida Statutes

Depending on the facts of your case, other Florida laws may come into play, including:

Florida Statute § 775.087 – Reclassification for Use or Possession of Firearms or Ammunition During a Crime

If the State alleges that the ammunition was used during the commission of a separate felony offense, penalties may be enhanced under Florida’s “10-20-Life” sentencing laws.

Florida Statute § 948.06 – Violations of Probation or Community Control

If you’re currently on probation, being caught with ammunition—even one round—can result in a violation of probation (VOP) and potential revocation, even if the ammunition charge is later dropped.

I regularly represent clients facing both the new felony and the probation violation. Without strategic coordination between both matters, you could serve time on one even if you're cleared of the other.

Possible Defenses to Illegal Ammunition Possession Charges

Here are some of the defenses I may be able to use, depending on the specific facts of your case:

  • Illegal Search and Seizure – If police found the ammo during an unlawful stop, search, or detention, I can file a motion to suppress the evidence under the Fourth Amendment.

  • Constructive Possession – If the ammunition was found in a shared space or vehicle, the State must prove you had knowledge and control of it. That’s a high burden.

  • Lack of Prior Felony Conviction – If your prior felony was withheld or sealed, or you were adjudicated as a juvenile with rights restored, you may not be considered a convicted felon under Florida law.

  • Restoration of Civil Rights – If your rights were legally restored (including the right to possess firearms), you may not be subject to § 790.23.

  • Lack of Knowledge – If someone else left the ammo where it was found, and you didn’t know it was there, that’s a defense to the crime.

  • Insufficient Evidence – The prosecution must prove every element beyond a reasonable doubt, including that the object was indeed ammunition and that you knowingly possessed it.

Prosecutors Take These Cases Seriously

Many prosecutors will pursue these charges aggressively, especially if you have any kind of criminal history. Even if you’ve turned your life around, the law does not allow for second chances when it comes to ammo possession unless your rights have been formally restored.

That’s why hiring a private criminal defense attorney as soon as possible can be the difference between a life-changing felony conviction and a second chance at moving forward without a record.

Florida Illegal Possession of Ammunition Defense Attorney – Frequently Asked Questions

Can I be charged if I only had one bullet?
Yes. Florida law does not require you to possess a large quantity of ammunition. One single round is enough to trigger a felony charge under § 790.23 if you’re a prohibited person.

Is ammo treated the same as a gun under Florida law?
In many cases, yes. If you are a convicted felon, then both firearms and ammunition are off limits under the law. The possession of either one can result in second-degree felony charges.

What if I didn’t know the ammunition was there?
Lack of knowledge is a valid legal defense. The State must prove that you knew the ammunition was in your possession and that you had control over it. If someone else placed it there, or if it was forgotten, we can fight the charge.

What if the ammo was in a shared car or home?
That’s called constructive possession, and the law requires more than mere proximity. If the ammo wasn’t in your actual possession, the State must prove you had both knowledge and control over it. This is often difficult to prove in shared spaces.

Can I get probation instead of jail time?
Possibly. For first-time offenders or cases with strong mitigating circumstances, I can often negotiate probation or a withheld adjudication. But it depends on your history and the county where the case is filed.

Can this charge be expunged or sealed later?
Not if you’re convicted. Felony convictions are not eligible for sealing or expungement under Florida law. That’s why avoiding a conviction—through dismissal, diversion, or a plea to a lesser offense—is absolutely critical.

Does the type of ammunition matter?
No. The law doesn’t distinguish between types of ammunition. Whether it’s hollow point, full metal jacket, or shotgun shells, the statute covers all types.

What if I was charged but never convicted of a felony before?
You may still be eligible to possess ammunition if your prior case didn’t result in a conviction (for example, if it was dismissed, sealed, or adjudication was withheld). We’ll need to examine your full criminal record to determine your eligibility.

Call a Florida Illegal Possession of Ammunition Defense Attorney Today

The moment you’re accused of illegal possession of ammunition, the clock starts ticking. Whether the evidence came from a car stop, a probation search, or a raid, you need a defense plan immediately. I’ll fight to suppress the evidence, challenge the legality of the stop, and push for dismissal or reduction of the charges. You deserve a defense that’s thorough, aggressive, and designed to protect your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

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 all of 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.