Understanding Florida’s Firearm Laws for Convicted Felons
If you’re a convicted felon in Florida wondering “can felons own guns in Florida?” the short answer is no—but with limited exceptions. Both state and federal laws impose severe restrictions on firearm possession by convicted felons, with harsh penalties for violations. At Russo Law & Advocacy, Dominique Russo helps clients across Florida navigate these complex laws and defend against serious felon with a firearm charge allegations.
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.
Florida’s Laws on Firearm Possession by Convicted Felons
Possession of Firearm by Convicted Felon
The crime of poss of firearm by 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
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
- Violent assault
- Or any other felony
The firearm prohibition applies equally under possession of firearm by convicted felon laws.
Federal Firearm Restrictions for Felons
Federal Law Felon in Possession of Firearm
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
Key Differences in Federal Law
While some wonder can a non violent felon possess a firearm under federal law, the answer remains no—federal law also makes no distinction between violent and non-violent offenses for basic possession crimes.
Exceptions and Rights Restoration Options
Florida’s Rights Restoration Process
While challenging, some felons can regain firearm rights through:
Executive Clemency
- Automatic restoration for certain non-violent felonies after completing all sentence requirements
- Individualized restoration for violent felonies through formal clemency process
- Waiting periods typically apply before eligibility
Pardons
- Full pardons can restore firearm rights
- Conditional pardons may include specific restrictions
- Lengthy application process requiring demonstrated rehabilitation
Federal Limitations
Even with Florida rights restoration, the federal law felon in possession of firearm prohibition typically remains unless you receive a:
- Full pardon from the President (for federal convictions)
- Restoration of rights from the federal government
- Set-aside or expungement of the conviction
Common Scenarios and Legal Risks
Can you go to shooting range with a felony?
No—visiting a shooting range typically involves handling firearms, which constitutes illegal possession. This applies even if:
- The firearm belongs to someone else
- You’re under supervision at the range
- You’re taking a safety course
Living in a Home with Firearms
A convicted felon with gun access in their home faces risks even if:
- The firearms belong to other family members
- The firearms are locked away
- You claim you never handle them
Prosecutors may argue “constructive possession” if you have access and control over the location where firearms are stored.
Antique Firearms Exception
Florida law provides a limited exception for antique firearms (manufactured before 1919) that are:
- Not used as functional weapons
- Owned as collectibles or curiosities
- Not used with conventional ammunition
Defenses Against Felon in Possession Charges
If you’re facing a felon in possession of a firearm florida charge, possible defenses include:
Lack of Knowledge or Control
- Firearms belonged to someone else
- You had no knowledge of the firearm’s presence
- You lacked control over the location where firearms were found
Rights Restoration
- Your civil rights had been properly restored
- You received a pardon or clemency
- Your conviction was for a non-felonious offense
Constitutional Challenges
- Illegal search and seizure
- Miranda rights violations
- Entrapment by law enforcement
Penalties for Firearm Possession by Felons
State Penalties
- Second-degree felony: Up to 15 years prison
- Fines up to $10,000
- Extended probation periods
- Permanent criminal record enhancement
Federal Penalties
- Up to 10 years federal prison
- Enhanced penalties for multiple convictions
- Supervised release after prison term
- Federal criminal record affecting nationwide opportunities
Armed Career Criminal Act (ACCA)
Defendants with three previous violent felony or serious drug offense convictions face:
- 15-year mandatory minimum sentence
- No parole in federal system
- Enhanced sentencing guidelines
FAQs About Felons and Firearms in Florida
1. Can a convicted felon ever own a gun in Florida?
Only if they receive full rights restoration through executive clemency or pardon.
2. What’s the difference between state and federal charges?
Federal charges often carry longer sentences and are prosecuted more aggressively.
3. Can I hunt with a bow if I’m a convicted felon?
Yes—bow hunting is generally permitted as bows are not considered firearms under Florida law.
4. How long does rights restoration take?
Typically 1-3 years for the application process, depending on case complexity.
5. Do you handle felon in possession cases throughout Florida?
Yes. We serve all Florida counties, including:
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
- Miami-Dade County (Miami, Coral Gables, Hialeah)ntent
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:
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
- Miami-Dade County (Miami, Coral Gables, Hialeah)
“A firearm possession charge doesn’t have to mean years in prison. We fight to protect your freedom and your future.”
