Firearm Possession by a Felon

Florida criminal law restricts the rights of convicted felons the right to bear arms. Firearm Possession by a Convicted Felon charge may be either “constructive” possession or “actual” possession. If you have been convicted of a felony in Florida, it is unlawful for you to possess a gun. Contact the Morris Law Firm to receive adequate and experienced representation for your case. It is the State Attorney's mission to prove possession. As a result, if the firearm is not found on the Florida felon, the prosecutor has to prove that the Florida felon had control over the weapon. Contingent on the facts of your Firearm Possession by a Felon case, the prosecuting attorney may be unable to provide sufficient evidence.

Furthermore, if you have been convicted of a felony outside of Florida and your offense carried a possible sentence of more than one year in prison, you are not eligible to possess a firearm in Florida. Also, if you were sentenced as a juvenile of an act that would have been a felony if you were charged as an adult, you are not allowed to possess a firearm. If you are caught at any time with a firearm in your possession you could face prison and parole violations charges.

An exception in Florida State court, that does not consider you technically as a convicted felon exist if you receive a “withhold of adjudication” after pleading no contest. For federal purposes in Florida State court, if you plead guilty and get a “withhold of adjudication”, you are considered a convicted felon. If the State Board of Pardons & Paroles restores all of your civil rights, including your right to carry a gun, you will be no longer a convicted felon. You then could not be convicted of Firearm Possession by a Felon. Getting your civil rights restored will also allow you the eligibility to vote.

Florida’s Weapons and Firearms State Statue

According to Florida Statute Section 790.23, a convicted felon may be charged with Possession of a Firearm by a Convicted Felon; 790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.--

(1) 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;

(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

Morris Law Firm | Defending Firearm Possession by Convicted Felons

The Morris Law Firm aggressively defends the legal rights of those charged with a criminal Firearm Possession by a Convicted Felon offense, while addressing all related issues that should be taken into consideration when defending your legal rights and freedom. While there is no mandatory minimum prison sentence for constructive possession, there is a three year minimum mandatory prison sentence for actual possession, with a possibility of up to five years imprisonment. Handling these cases successfully is not easy, however, defenses do exist, and plea bargaining may keep you out of prison.

If you have been charged with Firearm Possession by a Felon in St. Petersburg, Clearwater, Pinellas County, Manatee County, Sarasota County, Pasco County and Hillsborough County, contact the Morris Law Firm criminal defense lawyer. Submit you brief case details in our online form or call us today, (727) 388-4736 for a Free Initial Consultation.