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Felon in Possession of Firearm

If you’ve committed a felony, you’ll face a slew of restrictions and requirements once released from prison. One of those restrictions is the right to bear arms; convicted felons do not have the right to possess a firearm or any other such weapon as defined by Florida law. If you’re found in possession of a firearm, the consequences could be severe. If you or someone you know has been charged as a felon in possession of a firearm in Lakeland, contact Hanlon Law today to schedule a free consultation. 


What are Felons?


A felon is any person who has, at some point, been convicted of a felony. Felonies are crimes that fall under the most severe classification, and come with certain imprisonment terms, fines, rights restrictions, and other life-long consequences. Common felonies include drug crimes (like drug trafficking and drug dealing) and violent crimes (like murder and sexual assault). 


Why Can’t a Felon Possess a Firearm?


Felonies are the most severe crimes in the books, which means felons are subsequently labeled as the most severe criminals, with a high likelihood of returning to crime when returned to society. While this isn’t true of all felons, of course, the law aims to prevent as much potential further criminal behavior as possible. One way it attempts to do this is by rescinding a felon’s second amendment rights. 


According to Florida Statute 790.23, it is against the law to have “possession, control, custody, or care” of any “firearm, electric weapon, ammunition, or concealed weapon” for anyone convicted of or found to have perpetrated:


  • A felony in the state of Florida or elsewhere in the United States
  • A felony in another country, territory, or state that is punishable by imprisonment for more than 1 year
  • A delinquent act that would be a felony if committed by an adult while under the age of 24 in the United States 
  • A delinquent act that would be a felony if committed by an adult while under the age of 24 in another country, territory, or state that is punishable by imprisonment for more than 1 year


It’s important to note that ammunition is included in this list. You can be charged with possession of a firearm if you’re found with ammunition, even if you don’t have a gun. It’s also important to note that both actual and constructive possession fall under this umbrella and can lead to charges.


Actual possession occurs when you actually, physically have a firearm, electric weapon, or ammunition on your person. This could mean you’re holding a gun in your hand, you have a pistol tucked into the back of your jeans, or you have a box of shells in a coat pocket. 


Constructive possession, on the other hand, is when a firearm, electric weapon, or ammunition isn’t found on your person, but is close enough to your person or your personal property that one can reasonably be assume you: 


  • Know of its presence 
  • Are able to exercise control or dominion over it


So for example, say you are pulled over for a traffic stop and the police officer notices a rifle in the back seat. This would count as constructive possession. Another example might be if your probation officer conducts a home visit and finds a firearm in your garage. 


What are the Consequences of Felon in Possession of Firearm Charges?


Regardless of possession type, possession of a firearm by a convicted felon is charged as a second-degree felony. As such, it is punishable by up to 15 years in prison (or 15 years of probation, or some combination of the two), along with a $10,000 fine. 


That doesn’t mean there aren’t defenses to such charges, though. Constructive possession charges, in particular, can be fought by arguing that you did not have control or dominion over the weapon in question. For example, say the firearm in question was found in a shared home, shared vehicle, or other shared personal property. If other people have access to the home, vehicle, property, etc, then the weapon may or may not actually be ‘yours.’ Similarly, unless the location where the firearm was found is locked or otherwise private, we may be able to argue that you didn’t put it there at all. 


Some felons may actually have had their civil rights restored, in which case it is no longer illegal for them to possess a firearm. 


Lakeland Criminal Defense Lawyers 


With such severe consequences on the line, it’s vital to build a strong defense. Will Hanlon with Hanlon law has been defending the accused since 1994. Our legal team will work tirelessly on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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