The right to bear arms is one of the fundamental rights of all Americans. However, if you are a felon, that right could be restricted. Florida law prohibits a felon from possessing a firearm. If the individual is caught, it could mean severe penalties in the state. 

Florida Firearm Possession Attorney

Definition of a Felon Possessing a Firearm

Under Florida Statute 790.23, if a convicted felon “owns, controls, possesses, or cares for a firearm,” it is a criminal offense known as possession of a firearm by a felon. According to the law, other items are prohibited, including:

  • Ammunition
  • Electric weapons
  • Concealed chemical weapons

If the individual was in actual possession of the weapon, the crime carries a minimum mandatory prison sentence. 

In the state of Florida, a “felon” is considered any individual who is:

  • Convicted of a felony in the state
  • Convicted of a crime at a federal level
  • Convicted in another state with an incarceration sentence of over a year

Difference Between Actual and Constructive Possession

Florida does have two different standards for possession: actual and constructive. The type of possession will determine sentences for these crimes. 

Actual possession occurs when the weapon is found on the person. Florida has defined actual possession as:

  • The firearm was located on the person or in their hand
  • The weapon was in a container (such as a holster) in or near the felon’s hand
  • The firearm was within reach and under the control of the person 

The minimum mandatory sentence for this crime is three years in prison.

Constructive possession is defined differently by the state. With constructive possession, the firearm could be located in a residence or other location. It is defined as possession of a gun where the felon has control or has concealed the weapon.

Felon in Possession of a Firearm Penalties

This type of crime is considered a Level 5 offense under the state’s Criminal Punishment Code. Along with that, it is considered a second-degree felony. However, if the firearm has ties to a gang-related offense, the charges can be elevated to a first-degree felony. 

The offender could face up to 30 years in prison. Depending on the actual or constructive possession, the punishments will vary.

Florida’s 10-20-Life Law

If a felon is found in actual possession of a firearm, he or she must serve a three-year minimum under Florida’s 10-20-Life law. 

Along with those sentencing guidelines, a judge can impose a minimum mandatory sentence for anyone convicted of actual possession. In addition to that, the court can require other penalties, such as:

  • Fines of up to $10,000
  • Fifteen years in prison
  • Fifteen years of probation

For those guilty of constructive possession of a firearm by a felon, there are similar penalties this individual may also face, including:

  • Fifteen years in prison
  • Fifteen years of probation
  • Pay a $10,000 fine

Possible Defenses To Possession Charges

There are several defenses to a felon in possession of a firearm charge, such as:

  • Challenging the possession: In some actual possessions cases, this can be a tricky issue to challenge. However, with a constructive possession charge, it can be argued that the individual did not have any access to the weapon. 
  • Felon status: If an individual’s right to own a firearm has been restored, the crime might not qualify under the statutes. The convicted individual could be ineligible to be charged under the state’s laws. 
  • Constitutional challenge: While this particular Florida statute is often not challenged, a criminal defense lawyer can bring up possible violations of the Fourth and Fifth amendments in court. In some cases, law enforcement has violated these rights or suppressed evidence. 

Depending on your case, there are specific circumstances to help you find the proper defense against these criminal charges. Possession of a firearm by a felon is a serious offense, and it can lead to harsh sentences for those convicted of the crime.

Contact an Orlando Criminal Defense Lawyer

If you or your loved one find themselves in a situation where you are being accused of Firearm possession, call us right away at  407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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