Can a Convicted Felon Possess a Firearm in Florida?
Florida law places significant restrictions on firearm possession by individuals who have been convicted of certain felony offenses. Many people are surprised to learn that possessing a firearm after a felony conviction may result in new criminal charges, even if the firearm was never used during the commission of another crime.
If you have a prior felony conviction, understanding your rights and the restrictions imposed by Florida law is important before possessing or purchasing a firearm.
Does Florida Law Allow Convicted Felons to Possess Firearms?
In most situations, no.
Florida law generally prohibits convicted felons from owning, possessing, or having control over a firearm or ammunition unless their firearm rights have been restored through the appropriate legal process.
Possessing a firearm after a felony conviction may result in additional felony charges carrying significant criminal penalties.
What Does “Possession” Mean?
Possession does not necessarily mean a firearm is found in your hand or on your person.
Under Florida law, prosecutors may attempt to prove either:
- Actual possession, where the firearm is physically on your person or within your immediate control; or
- Constructive possession, where the prosecution alleges you knew about the firearm and had the ability to exercise control over it.
Whether possession can be proven depends on the specific facts and evidence in each case.
Are There Any Exceptions?
Some individuals may regain firearm rights through legal procedures recognized under state or federal law.
Whether a person may legally possess a firearm depends upon several factors, including the nature of the prior conviction and whether firearm rights have been lawfully restored.
Because these situations are highly fact-specific, every case should be evaluated individually.
What Are the Penalties?
Possession of a firearm by a convicted felon is generally charged as a felony offense in Florida.
Depending on the circumstances, a conviction may result in:
- Significant prison time
- Probation
- Substantial fines
- Loss of additional civil rights
- Other penalties authorized under Florida law
The potential penalties depend upon the specific allegations and the defendant’s criminal history.
Florida Firearm Laws
Many firearm offenses, including possession of a firearm by a convicted felon, are governed by Chapter 790 of the Florida Statutes.
Florida Statutes – Chapter 790 (Weapons and Firearms)
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
Every Firearm Case Depends on the Facts
Whether a person may legally possess a firearm after a felony conviction often depends upon the specific facts of the case and the applicable law.
Questions involving prior convictions, restoration of rights, and alleged possession should be carefully evaluated before drawing conclusions about criminal liability
Work Directly With Attorney Ron Baum
If you are facing criminal charges or have questions about your legal rights, obtaining experienced legal guidance early can make an important difference.
For more than 30 years, Attorney Ron Baum has worked directly with clients throughout Broward County, explaining the legal process, carefully reviewing the facts of each case, and developing a defense strategy based on each client’s individual circumstances.
Attorney Ron Baum offers free consultations and is available to discuss your case, answer your questions, and explain your legal options.
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Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.