Protecting Your Rights, Your Future, and Your Freedom
As a Florida criminal defense lawyer, I know firsthand how serious firearm charges can be. If you are accused of possessing a stolen firearm, the stakes are extremely high. These cases involve both firearm laws and theft laws, which means prosecutors often come after defendants aggressively. Many times, people are accused without even realizing the firearm in their possession was stolen. Yet under Florida law, the burden falls heavily on the accused.
In every case, the right legal defense can make the difference between prison and freedom, between a felony record and a second chance. That is why I want to explain what the law actually says, what defenses may be available, and why having the right attorney in your corner can protect your future.
The Florida Law on Possession of a Stolen Firearm
The primary statute prosecutors use is Florida Statutes Section 812.014, which covers theft and dealing in stolen property. Possession of stolen property, including firearms, is prosecuted under this statute. The law states:
Florida Statute § 812.014(1):
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property, or
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”
When the property is a firearm, the penalties increase because of the dangerous nature of weapons.
Additionally, Florida Statutes Section 790.23 makes it illegal for certain individuals, such as convicted felons, to possess firearms. If prosecutors combine the stolen firearm statute with this, it can mean stacked charges.
The key issue for possession of a stolen firearm is whether the State can prove that you knew or should have known the gun was stolen. Without proof of knowledge, the State’s case can fall apart. That is one of the main areas where I fight for my clients.
Penalties for Possession of a Stolen Firearm in Florida
Possession of a stolen firearm is classified as a felony. The level of the felony depends on the facts, but in most cases, it is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
However, prosecutors sometimes escalate the charges, especially if other crimes are alleged. For example:
- If the firearm is connected to another felony, enhancements may apply.
- If the person accused is a convicted felon, penalties can rise dramatically.
- If the gun was traded, sold, or altered, prosecutors may charge “dealing in stolen property” under § 812.019, which is a second-degree felony carrying up to 15 years in prison.
Beyond prison and fines, a felony conviction for a stolen firearm offense also strips away your civil rights, including your right to vote and legally own firearms in the future.
That is why having the right defense attorney is not just about avoiding prison; it is about protecting your future rights and opportunities.
Real Case Example From My Practice
Several years ago, I represented a young man who bought a handgun in a private sale at a price that seemed like a good deal. Weeks later, he was pulled over for a minor traffic violation, and the officer ran the serial number on the firearm. It came back as stolen. He was immediately arrested and charged with possession of a stolen firearm.
The State argued he should have known the gun was stolen because of the low purchase price. However, we built a defense showing that he had purchased the firearm in good faith, from someone who presented themselves as the rightful owner. We gathered evidence of the sale, witnesses, and his lack of criminal history.
After multiple hearings and negotiations, we persuaded the State to drop the felony stolen firearm charge entirely. The case was reduced to a misdemeanor improper display charge, and he avoided prison and a felony record.
This case shows how prosecutors often assume knowledge when they cannot prove it. With the right defense, that assumption can be dismantled.
Defenses Against Possession of a Stolen Firearm Charges
Every case is unique, but some defenses I often raise include:
Lack of Knowledge
The most common defense is that the accused had no idea the firearm was stolen. The law requires proof of knowledge, not mere possession. If you purchased the firearm through what seemed like a lawful transaction, you should not be punished for someone else’s theft.
Insufficient Evidence
In many cases, the State lacks direct evidence. If their entire case is based on circumstantial evidence or assumptions, I challenge their ability to meet the burden of proof.
Illegal Search and Seizure
If the firearm was discovered during a traffic stop, a search of a home, or a pat down, I review every detail to see if law enforcement violated your constitutional rights. An unlawful search can result in the evidence being thrown out.
Chain of Custody Issues
If the firearm was not properly logged, stored, or identified, I can challenge whether the State can even prove the firearm in question is the one allegedly stolen.
Mistaken Ownership
In some cases, people inherit or borrow firearms without realizing they were stolen years earlier. Establishing this lack of knowledge can lead to a dismissal or reduction of charges.
Each of these defenses requires strategic legal work. That is why having an attorney is critical, because prosecutors will not simply dismiss a case without being forced to confront the weaknesses in their evidence.
Related Florida Statutes That Often Apply
Several other statutes may come into play in stolen firearm cases:
- § 812.019 – Dealing in Stolen Property: Anyone who traffics in property they know or should know is stolen commits a second-degree felony.
- § 790.23 – Possession of a Firearm by a Convicted Felon: If you have a prior felony, possession of any firearm, stolen or not, is a separate second-degree felony.
- § 790.01 – Carrying a Concealed Firearm Without a License: If the firearm was concealed, prosecutors may add this charge.
- § 775.087 – 10-20-Life Enhancement Statute: If the firearm was used in the commission of another felony, mandatory minimums may apply.
By reviewing all of these statutes together, I can often find overlap, weaknesses, or ways to negotiate a reduced charge.
Why You Need an Attorney Immediately
Prosecutors treat firearm cases aggressively because of public safety concerns. Without a defense attorney, you are at a serious disadvantage. Here is why you need private legal representation:
- I can file motions to suppress illegally obtained evidence.
- I can negotiate with prosecutors to reduce charges to misdemeanors.
- I can argue for diversion programs or probation instead of prison.
- I can present evidence that you had no knowledge that the firearm was stolen.
If you face this type of charge, your future is at risk. The sooner you hire an attorney, the better your chances are for a favorable resolution.
Frequently Asked Questions About Florida Possession of a Stolen Firearm
What does the prosecutor have to prove for possession of a stolen firearm?
They must prove that you knowingly possessed a firearm and that you either knew, or should have known, that the firearm was stolen. Without proof of knowledge, they cannot meet the legal standard.
Is possession of a stolen firearm always a felony in Florida?
Yes, it is classified as a felony, typically a third-degree felony. However, it can be elevated if there are additional circumstances, such as trafficking or prior felony convictions.
Can I be charged if I bought the gun legally, but it turned out to be stolen?
Unfortunately, yes. Even if you bought it in good faith, law enforcement may still charge you. That is where your defense comes in, showing that you had no knowledge and acted reasonably.
What if the police found the firearm during a traffic stop?
If the stop or search was unconstitutional, your attorney can move to suppress the evidence. Without the firearm, the prosecution may have no case.
How long could I go to prison for possession of a stolen firearm?
For a third-degree felony, the maximum is 5 years. If the charge is escalated, it could be 15 years. If combined with other firearm statutes, it is even longer.
Can charges be reduced to a misdemeanor?
Yes. With the right negotiation and defense, charges can sometimes be reduced to improper display, unlawful possession without knowledge, or another lesser offense.
What if the gun were inherited or passed down to me?
If you inherited a firearm and later learned it was stolen, the defense of lack of knowledge is strong. Your attorney can present evidence of how you obtained it lawfully.
Does a felony conviction for a stolen firearm affect my rights permanently?
Yes. You lose your right to possess firearms, and your voting rights can also be impacted. Some rights can be restored later, but it is better to avoid a conviction entirely.
What if the gun was never fired or used in a crime?
It does not matter under the statute. The law only requires proof that the firearm was stolen and knowingly possessed.
How can an attorney fight these charges?
By attacking the knowledge element, filing suppression motions, challenging the State’s evidence, negotiating with prosecutors, and presenting alternative explanations for possession.
Can I go into a diversion program for this type of charge?
In some cases, yes, particularly for first-time offenders. Diversion programs allow you to complete conditions like community service or classes in exchange for dismissal.
How soon should I hire an attorney?
Immediately. Evidence can disappear, witnesses can be lost, and prosecutors may push hard early. Having an attorney at the start gives you the strongest chance.
What if I am a convicted felon and was found with a stolen firearm?
That makes the case even more serious because you face a separate felony for possession by a convicted felon. Defenses are still available, but the stakes are higher.
Can the firearm be returned to me if the case is dropped?
If the gun is confirmed as stolen, it will not be returned. It will typically be held as evidence and then returned to the rightful owner or destroyed.
Do prosecutors often reduce charges in these cases?
Yes, when presented with strong defenses, many prosecutors will negotiate reductions rather than risk losing at trial.
What should I do if contacted by police about a stolen firearm?
Do not answer questions without an attorney present. Even casual statements can be used against you later.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing a charge for possession of a stolen firearm in Florida, you cannot afford to wait. A conviction carries life-changing consequences, but with the right defense, you may be able to avoid prison, reduce the charge, or even have the case dismissed.
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.