A felony conviction can result in long periods of imprisonment and hefty fines. But, even after they served their time, felons must face additional restrictions, such as losing their right to own a gun. If you were convicted of a felony and found in possession or control of a weapon, you could face a charge for felon in possession of a firearm in Florida.
Possession of a firearm by a convicted felon is a severe offense that is punishable by incarceration and hefty fines. As a result, if you are facing accusations for this crime, you should seek legal advice. Call727-828-3900to book a free consultation with aTampa Bay criminal defense attorneyfrom Goldman Wetzel.
Can Convicted Felons Have a Gun in Florida?
According toFlorida Statute § 790.23, felons are not allowed to possess or control any firearm, ammunition, or electric weapon. This statute also establishes that a convicted felon is prohibited fromcarrying a concealed weapon, including chemical weapons or devices such as tear gas guns.
In Florida, a convicted felon is a person found guilty of a criminal offense punishable bymore than oneyear of imprisonment. People convicted of a felony in another jurisdiction that transgress these laws may be charged with felon in possession of a firearm in Florida.
In addition to guns, examples of devices that felonsare not allowedto have include but are not limited to:
- Bullets
- Gunpowder
- Metallic knuckles
- Knives and dirks
- Batons
When it comes to possession of a firearm by a convicted felon, it is important to understand the difference betweenactualandconstructive possession.
Actual possession of a firearmoccurs when the personhas physical controlover the gun. Having a gun in your hand or person is an example of actual possession. On the contrary,constructive possessionexists when the gun is a place over which the felon has control.
To put it simply, with constructive possession, law enforcement can reasonably assume that you knew where the gun was and you could access it. However,proximity aloneis not enough to prove that a person was in control of the firearm.
Example of felon in possession of a firearm
For instance, inWatson v. State, the defendant appealed his conviction for possession of a firearm or ammunition by a convicted felon. At the moment of his arrest, law enforcement found:
- A handgun protruding from the passenger seat (Watson was in the driver’s seat).
- Ammunition in the glove box and the trunk.
- One rifle in the trunk.
Because the guns were not on his person and the car was a rental, the defendant was considered to be in constructive possession. In other words, the prosecution had to prove that Watson knew about these items and was able to exercise control over them.
Given that the State could not provide enough evidence to tie the defendant to the guns and ammunition, his conviction for possession of a firearm or ammunition by a convicted felon was reversed.
Being charged withillegal possession of a gundoes not mean you have been found guilty of a crime. An experienced criminal defense attorney can evaluate the facts of your case to determine the most suitable defense for you. If you are looking for acriminal lawyer near Tampa Bay, contact Goldman Wetzel to book a free consultation.
Penalties for possession of a firearm by a convicted felon
In Florida, possession of a firearm by a convicted felon is asecond-degree felony,and it is punishable by up to 15 years of imprisonment and a fine of up to $10,000. There is a three-yearminimum mandatory sentencefor felons who were found in actual possession of a firearm.
However, if the prior conviction or this current offense were committed to benefit or promote acriminal gang, charges will be enhanced to afirst-degree felony. In this case, the punishment should not exceed life imprisonment and a $10,000 fine.
What is a 922G Charge?
Possession of a firearm by a convicted felon is an offense guarded by federal legislation. In other words, like in Florida, federal law also regulates firearm possession.18 U.S.C. 922(g)(1)establishes that felons are prohibited from possessing any firearms or ammunition.
Under federal legislation, a felon is a person who has been convicted inany courtfor a crime punishable by more than one year of imprisonment. In addition to felons, this legislation also prohibits people convicted fordomestic violencefrom owning a gun.
Thepunishmentsfor a 922(g)(1) charge include up to10 yearsin a federal prison. However, defendants with three prior convictions for a violent felony or a serious drug offense must serve aminimumof 15 years imprisonment.
Federal crimesare treated more harshly than state charges. In fact, according to a report provided by theUnited States Sentencing Commission,96.9% of felonsin possession of a firearm were sentenced to prison.
If a federal law enforcement agency arrested you, you should seek legal counsel as soon as possible.
Don’t Go It Alone! Speak with a Criminal Defense Attorney
Felon in possession of a firearm in Florida is a serious charge with harsh punishments. Having prompt legal representation can improve your chances of a successful outcome. If you are looking for a criminal defense attorney near the Tampa Bay area, we may be able to help.
The criminal defense lawyers at Goldman Wetzel represent clients facing criminal charges in state and federal court. If you want to explore the potential legal avenues for your case,contactus today to book a free consultation.
