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Possession of a Firearm by a Convicted Felon in Florida

If accused of Possession of a Firearm by a Convicted Felon in Florida, you need to know the:

• Definition of Possession of a Firearm by a Convicted Felon
• Penalties for Possession of a Firearm by a Convicted Felon
• Defenses to Possession of a Firearm by a Convicted Felon

Definition of Possession of a Firearm by a Convicted Felon

The crime of Possession of a Firearm by a Convicted Felon is committed if a person:

1. Has previously been convicted of a felony, either in Florida or another jurisdiction; and
2. Knowingly owned, cared for, possessed, or controlled a firearm.

Possession: Actual versus Constructive

An important issue in determining the ultimate sentence for the crime of Possession of a Firearm by a Convicted Felon is whether the person actually possessed the firearm or constructively possessed the firearm; as Actual Possession of a Firearm by a Convicted Felon carries a three-year minimum-mandatory prison sentence.

Actual Possession

Actual possession occurs if the firearm is:

1. In the hand of or on the person; or
2. In a container in the hand of or on the person; or
3. So close as to be within ready reach and is under the control of the person.

Constructive Possession

Constructive possession occurs if the firearm is in a place over which the accused person has control, or in which the accused person has concealed it.

Penalties for Possession of a Firearm by a Convicted Felon

The crime of Possession of a Firearm by a Convicted Felon is a Second Degree Felony and is classified as a Level 5 offense under Florida's Criminal Punishment Code.

Actual Possession of a Firearm by a Convicted Felon

Under Florida's 10-20-Life law, a felon found to be in the actual possession of a firearm is required to serve a three-year minimum mandatory sentence; regardless of whether the person scores prison.

If convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties:

• Up to fifteen (15) years in prison.
• Up to fifteen (15) years of probation.
• Up to $10,000 in fines.

Constructive Possession of a Firearm by a Convicted Felon

If convicted of Constructive Possession of a Firearm by a Convicted Felon, a judge can impose any combination of the following penalties:

• Up to fifteen (15) years in prison.
• Up to fifteen (15) years of probation.
• Up to $10,000 in fines.

Defenses to Possession of a Firearm by a Convicted Felon

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Possession of a Firearm by a Convicted Felon is:

Restoration of Civil Rights with Firearm Authority

A person whose civil rights and firearm authority have been restored cannot be convicted of Possession of a Firearm by a Convicted Felon.

However, while many convicted felons have had the majority of their Civil Rights restored, including the right to carry a weapon, very few have had had their right to possess a firearm restored.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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