Understanding Florida’s Firearm Laws for Convicted Felons
⚡ Quick Answer:
Under Florida Statute § 790.23 and federal law, convicted felons are strictly prohibited from owning or possessing firearms. However, if you have been arrested or are under investigation for felon in possession of a firearm, you have strong legal defenses. At Russo Law & Advocacy, Dominique Russo aggressively defends clients in Palm Beach County against these charges by challenging constructive possession, illegal searches, and lack of knowledge. Do not plead guilty without a fight.
If you are a convicted felon in Florida and have been arrested or are under investigation for having a firearm, you are facing a serious second-degree felony. The short answer to “can felons own guns in Florida?” is no, but if you are already facing charges, the real question is: how do we beat this case?
At Russo Law & Advocacy, Dominique Russo helps clients across Palm Beach, Broward, and Miami-Dade Counties navigate these complex laws and mount an aggressive defense against felon in possession of a firearm allegations. For a comprehensive overview of our felony defense services, see our page on Felony Defense Attorney.
Florida’s Laws on Firearm Possession by Convicted Felons
Under Florida Statute § 790.23, convicted felons are generally prohibited from owning, possessing, or using firearms. This prohibition extends beyond simple ownership to include handling firearms in almost any context.
Possession of Firearm by Convicted Felon
The crime of possession of a firearm by a convicted felon is classified as a:
- Second-degree felony in Florida
- Punishable by up to 15 years in prison
- Minimum mandatory sentences may apply in certain circumstances (e.g., if the felon was on probation or parole)
Does the Type of Felony Matter?
Many clients ask: can non-violent felons own firearms? Unfortunately, Florida law makes no distinction between violent and non-violent felonies for basic firearm possession prohibitions. Whether your conviction was for drug trafficking, white-collar crime, or a non-violent offense, the prohibition remains the same. This is why defending against felon in possession of a firearm charges in Florida requires a skilled attorney who can challenge the evidence, not just the statute.
Federal Firearm Restrictions for Felons
The federal felon in possession of a firearm statute (18 U.S.C. § 922(g)(1)) imposes additional restrictions:
- Prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison
- Punishable by up to 10 years in federal prison
- Often prosecuted more aggressively than state charges, especially if the firearm was used in connection with another crime
Arrested for Felon in Possession?
The stakes are high: up to 15 years in prison. Don’t face the State Attorney alone.Call (561) 216-8555 Now
Penalties for Firearm Possession by Felons in Florida
The penalties for a felon with a gun in Florida are severe and life-altering:
| Charge Level | Maximum Prison Time | Maximum Fine | Collateral Consequences |
|---|---|---|---|
| Second-Degree Felony (State) | 15 Years | $10,000 | Loss of voting rights, extended probation |
| Federal Felon in Possession | 10 Years (up to life with enhancements) | $250,000 | Federal prison, no parole |
| With Prior Violent Felony | Life (under 10-20-Life or Armed Career Criminal Act) | N/A | Mandatory minimums apply |
Defenses Against Felon in Possession Charges
If you’re facing a felon in possession of a firearm Florida charge, the State must prove every element beyond a reasonable doubt. Possible defenses include:
1. Lack of Knowledge or Control (Constructive Possession)
The State must prove you knew the firearm was there and had control over it. If the gun was found in a shared space (like a car or a home with multiple occupants), we can argue:
- The firearm belonged to someone else
- You had no knowledge of the firearm’s presence
- You lacked dominion and control over the location where firearms were found
2. Invalid Search and Seizure (Fourth Amendment Violations)
If the police found the firearm during an illegal stop, an unlawful search of your vehicle, or a raid without a proper warrant, we can file a motion to suppress the evidence. If the gun is suppressed, the case is often dismissed.
3. The Item Does Not Meet the Legal Definition of a Firearm
Florida law specifically defines what constitutes a “firearm.” Antique firearms, certain air guns, or replica weapons may not fall under the strict prohibitions of § 790.23. We meticulously examine the evidence to see if the State’s classification is correct.
4. Rights Were Already Restored
If you received a full pardon, had your civil rights restored by the Office of Executive Clemency, or had your adjudication withheld for the underlying offense, you may not legally be a “convicted felon” for the purposes of this statute. This is a complex legal defense that requires an experienced felon in possession of a firearm defense attorney in Palm Beach to navigate.
Fighting Felon in Possession Charges in West Palm Beach
The State Attorney’s Office in Palm Beach County aggressively prosecutes gun crimes. When you are fighting felon in possession charges in West Palm Beach, you need a former PI and trial-ready attorney who knows how to investigate the police report, challenge the forensic evidence, and cross-examine witnesses.
Dominique Russo doesn’t just negotiate; she prepares every case for trial. This trial-ready approach is often what forces prosecutors to offer favorable plea deals or dismiss weak cases entirely.
Free Case Evaluation
Speak directly with Dominique Russo. We fight to get these charges dropped or reduced.
FAQs About Felons and Firearms in Florida
1. Can a convicted felon ever own a gun in Florida?
Generally, no, unless they have received full rights restoration through executive clemency or a pardon. However, if you are currently facing charges, our focus is on defending the case through lack of possession, illegal search, or other legal defenses.
2. What is the penalty for a felon caught with a gun in Florida?
It is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. If you have prior violent felony convictions, mandatory minimums and enhanced sentences apply.
3. Can I be charged if the gun was found in my car but wasn’t mine?
Yes, under the legal theory of “constructive possession.” However, this is a common defense we use. If you didn’t know it was there or didn’t have control over it, we can fight the charge.
4. What weapons can a felon own in Florida?
Felons are generally prohibited from owning firearms. However, non-firearm weapons (like certain knives or bows) may be legal depending on the specific type and local ordinances. Always consult an attorney before possessing any weapon.
5. Do you handle felon in possession cases throughout Florida?
Yes. We serve all Florida counties, with a strong focus on Palm Beach County (West Palm Beach, Boca Raton, Jupiter), Broward County, and Miami-Dade County.
Facing Firearm Possession Charges? Get Defense Help Now
If you’re charged with possession of a firearm by a convicted felon, don’t risk your freedom. Contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across Florida, including:
- đź“Ť Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- đź“Ť Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
- đź“Ť Miami-Dade County (Miami, Coral Gables, Hialeah)
“A felony gun charge doesn’t have to mean prison. We investigate every detail, challenge every piece of evidence, and fight for your freedom.”, Dominique Russo
