American citizens have certain constitutional rights to bear arms.  However, some individuals can forfeit those rights upon conviction of a crime.  In Florida, the crime of felon in possession of a firearm is a serious offense governed by Florida Statutes § 790.23. This law prohibits individuals who have been convicted of a felony from possessing, owning, or controlling a firearm, ammunition, or an electric weapon or device. The rationale behind the law is to prevent individuals with a criminal history, particularly those convicted of serious offenses, from accessing firearms. We have represented clients charged with firearms offenses in Jacksonville.  

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Definition of Felon in Possession of a Firearm:

Under Florida law, a person commits the crime of felon in possession of a firearm if they:

1. Have been convicted of a felony in Florida, another state, or under federal law.

2. Knowingly possess, own, or control a firearm, ammunition, or an electric weapon or device.

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Key Elements of the Crime:

To convict someone of being a felon in possession of a firearm, the prosecution must prove:

Felony Conviction: The defendant has a prior felony conviction. A felony is generally defined as a crime punishable by imprisonment for more than one year.

Possession: The defendant knowingly had actual or constructive possession of a firearm, ammunition, or electric weapon.

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Actual Possession: The firearm is physically on the person, such as in their hand, pocket, or immediate control.

Constructive Possession: The firearm is not physically on the person, but they have control over it, such as having it in a vehicle, home, or another location where they have access and control.

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Penalties for Felon in Possession of a Firearm:

Felon in possession of a firearm is classified as a second-degree felony in Florida, and the penalties are severe:

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Prison Time: Up to 15 years in prison.

 

Probation: Up to 15 years of probation.

Fines: Up to $10,000.

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In addition to these penalties, if a firearm is used during the commission of another felony, mandatory minimum sentences can apply under Florida's 10-20-Life law. For example:

10 years minimum mandatory if the firearm is possessed during the commission of certain violent felonies.

20 years minimum mandatory if the firearm is discharged during the commission of certain violent felonies.

25 years to life if the discharge results in injury or death.

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Enhanced Penalties:

Career Criminal Status: If the defendant is classified as a Habitual Violent Felony Offender (HVFO) or a Prison Releasee Reoffender (PRR), they may face enhanced penalties, including longer prison sentences without the possibility of early release.

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Defenses to Felon in Possession of a Firearm:

Several defenses may be available to someone charged with this offense, depending on the circumstances of the case:

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1. Lack of Knowledge: The defendant did not know that the firearm was in their possession.

2. Innocent Possession: The defendant briefly possessed the firearm with the intent to turn it over to law enforcement.

3. Constructive Possession Defense: If the firearm was found in a place where multiple people had access, the prosecution must prove that the defendant had control over the firearm.

4. Invalid Felony Conviction: If the underlying felony conviction is successfully challenged or overturned, the felon-in-possession charge may not stand.

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Restoration of Firearm Rights:

In some cases, a convicted felon in Florida may be able to restore their right to possess a firearm. This typically involves a lengthy process that includes:

Obtaining a pardon from the Governor of Florida.

Restoration of Civil Rights: Certain civil rights, including the right to possess a firearm, may be restored through a clemency process. However, the restoration of firearm rights requires a specific application and approval.

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Importance of Legal Representation:

Because the penalties for felon in possession of a firearm are severe and can include lengthy prison sentences, it is crucial to seek legal representation if charged with this offense. An experienced attorney can challenge the evidence, negotiate with prosecutors, and develop a defense strategy to reduce or dismiss the charges.

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In summary, being a felon in possession of a firearm in Florida is a serious felony offense that carries significant legal consequences. The law is strictly enforced, and anyone facing such charges should seek immediate legal advice to protect their rights and navigate the complexities of the criminal justice system.  A Duval County criminal defense attorney can help.  We offer free and confidential consultations to individuals charged with criminal offenses.