Felon in Possession of a Firearm in Florida

An individual who has been convicted of any felony criminal offense in Florida loses their right to possess a firearm. In fact, it is a felony criminal offense for an individual who has been convicted of a felony to do any of the following:

• Own a firearm
• Care for a firearm
• Possess a firearm
• Control a firearm.

The firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law. In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. A local Florida attorney would be able to explain the offense in more detail.

An individual who has been convicted of being a felon in possession of a firearm can be sentenced to 16 months to 3 years in a county jail and payment of a fine of as much as $10,000 or both. The individual convicted must also give up any firearms that they own.

In addition, convictions of firearm offenses can result in deportation. A person would want to consult with an attorney about all the possible immigration consequences of conviction for being a felon in possession of a firearm.

To convict an individual of felon in possession, a Florida district attorney must prove the following elements of the crime beyond a reasonable doubt:

• That the individual owned, cared for, controlled, or possessed the firearm
• That they knew that they had done this and
• That they have been convicted of felony criminal offense in the past.

To be considered a “felon,” as defined by the law, an individual has to have been convicted of a criminal offense that is classified as a felony. The individual could have been convicted in any of the 50 states in the U.S.

Of course, the federal government has its own system of criminal law, and an individual may have been convicted of a federal felony criminal offense, which also means that the individual may not possess firearms.

However, the law does not apply only to individuals who have been convicted of a felony. Florida law also forbids someone from owning or possessing a firearm if any of the following is true:

• The individual is under the age of 21
• The individual is subject to a domestic violence restraining order
• The individual has been committed to a drug abuse treatment facility or convicted of certain related crimes within the past three years
• The individual is a habitual abuser of controlled substances and/or alcohol
• The individual has been committed to a mental institution during the last three years.

A “firearm” is any device designed for use as a weapon that uses an explosion or combustion to expel a projectile through a barrel. It does not need to be loaded or even in good working order.

A “firearm” includes the following:

• Long guns,
• Handguns, and
• Firearms that are concealed.

Possession does not mean that the person had the firearm on their person or in their hand. Possession can be actual and constructive. The term “actual possession” is defined as follows in Florida:

• A person has an item in their hand or on their person
• The item is within the reach of and under the control of a person
• The item is in a container in the person’s hand or on the person.

“Constructive possession” means knowingly having control over something, whether the control is direct, e.g., because an individual has it in their hand, or indirect, which is when the firearm is in a place over which an individual has control.

The law concerning how “possession” is defined can be quite technical. An individual should consult with an attorney if they have been charged with a firearm possession offense.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

Being a felon in possession of a firearm is a second-degree felony in Florida. A perpetrator found to be in the actual possession of a firearm must be sentenced to a minimum period of 3 years in prison. A judge can also impose any combination of the following punishments:

• Incarceration in prison for as much as 15 years
• Probation for a maximum of 15 years
• Payment of a fine of up to $10,000.

If a defendant is convicted of constructive possession of a firearm by a felon, a judge can sentence them to any combination of the following penalties:

• Up to 15 years in prison
• Up to 15 years of probation
• Payment of a fine of up to $10,000.

In addition, convictions of firearm offenses can result in deportation.

Can a Felon Be Around a Person With a Gun?

An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because California law defines “possession” as having control over an item. There are two types of possession:

• Actual possession and
• Constructive possession.

“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.

The term “constructive possession” means having access to a firearm or the right to control it, even when the item is not within an individual’s actual physical possession. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.

Even if the convicted felon does not own the firearm, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it.

What Weapons Can a Felon Own To Protect Themselves?

As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.

In Florida law, a “firearm” may be any of the following:

• Long guns
• Handguns
• Pistols
• Tasers
• Rifles
• Concealed firearms.

An individual who has been convicted of a felony might want to stay well away from firearms of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.

Can a Felon’s Gun Rights Be Restored?

A defendant can apply to the Florida Office of Executive Clemency to ask to have their civil rights restored. Their right to possess firearms would be one of the rights restored. The process would involve submitting an application with supporting documents and attending a hearing. The Clemency Board would approve the application under certain circumstances.

Among the supporting documents would be the defendant’s criminal history, evidence of their rehabilitation, and character references.

To have one’s gun rights restored a person must meet the criteria. They must have completed all the terms of their sentence, including paying any fines that were imposed. They must not have any new criminal charges pending. They must not have any criminal convictions on their record that would disqualify them from owning a firearm.

Expungement is the sealing of a criminal record of misdemeanor or felony convictions. Contact a lawyer if you have questions about Florida expungement laws.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you have been charged with being a felon in possession of a firearm, there are defenses available to you. LegalMatch.com can connect you to a Florida criminal defense lawyer who can review your case and identify any defenses that might be available. Your lawyer would also know how to negotiate a plea agreement that may preserve your right to own a firearm. You will get the best result with a qualified California criminal defense lawyer.