Possession of a Firearm by a Convicted Felon in Florida
Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence.
Under Florida Statute 790.23, the crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon knowingly cares for, controls, possesses, or owns 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:
- In the hand of or on the person; or
- In a container in the hand of or on the person; or
- 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 assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.
Actual Possession of a Firearm by a Convicted Felon
Under Florida’s 10-20-Life law [1], 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 [2].
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 their right to possess a firearm restored.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Possession of a Firearm by a Convicted Felon in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.