Felon in Possession of a Firearm in Florida: What You Need to Know
- J. Ruffin Hunt
- 19 hours ago
- 5 min read
If you have been charged with Possession of a Firearm by a Convicted Felon in Florida, you are facing a serious felony offense that can carry significant prison time and life-altering consequences. Prosecutors in Hillsborough County aggressively pursue firearm-related charges, and even a seemingly minor encounter with law enforcement can quickly become a major criminal case.
At Hunt Law, we understand how high the stakes are in these cases. If you have been accused of violating Florida’s felon in possession law, speaking with a Tampa felon in possession of a firearm attorney as early as possible can make a major difference in the outcome of your case.
What Is Florida’s Felon in Possession of a Firearm Law?
Florida law makes it illegal for certain individuals with prior felony convictions or qualifying juvenile adjudications to possess firearms, ammunition, or certain weapons. The law is found in Florida Statute §790.23, commonly referred to as the “Felon in Possession of a Firearm” statute.
Under this law, it is unlawful for certain individuals to:
Own a firearm
Possess or control a firearm
Have a firearm in their care or custody
Possess ammunition
Possess an electric weapon or device
Carry a concealed weapon, including certain tear gas or chemical devices
Importantly, prosecutors do not need to prove that the firearm belonged to you. Simply having care, custody, possession, or control over the firearm can be enough to support a criminal charge.
Who Can Be Charged Under Florida’s Felon in Possession Statute?
Florida’s felon in possession law applies to several categories of people.
Convicted Felons in Florida
The statute applies to anyone who has previously been convicted of a felony in Florida state court.
This includes individuals convicted of offenses such as:
Any other felony-level offense
Even if your felony conviction occurred years ago, the prohibition may still apply unless your rights have been legally restored.
Individuals Convicted of Federal Felonies
A conviction for a felony offense in federal court can also prohibit firearm possession under Florida law.
Out-of-State Felony Convictions
Florida recognizes many felony convictions from other states or countries. If you were convicted of an offense elsewhere that would qualify as a felony punishable by more than one year in prison, you may still be prohibited from possessing firearms in Florida.
Certain Juvenile Delinquency Adjudications
Florida law also applies to some individuals adjudicated delinquent for offenses that would have been felonies if committed by an adult. In many situations, this restriction remains in effect until the person turns 24 years old.
What Counts as “Possession” of a Firearm?
One of the most important issues in these cases is possession. Prosecutors often file charges even when a firearm was not physically found in a person’s hands.
Florida law recognizes two types of possession:
Actual Possession
Actual possession means the firearm was physically on the person or within immediate reach.
Examples include:
A firearm tucked into a waistband
A gun inside a backpack being carried
A firearm in someone’s pocket
Constructive Possession
Constructive possession is much broader and often more heavily litigated.
A prosecutor may argue constructive possession exists if:
The defendant knew the firearm was present; and
The defendant had the ability to exercise control over it.
For example, police may attempt to charge someone if:
A gun is found under the driver’s seat of a car
A firearm is located in a bedroom or residence
A gun is discovered in a jointly occupied vehicle
However, constructive possession cases are often defensible, especially when multiple people had access to the location where the firearm was discovered.
An experienced Tampa felon in possession of a firearm attorney will closely examine whether the prosecution can actually prove knowing possession beyond a reasonable doubt.
Does the Law Apply to Ammunition?
Yes.
Many people are surprised to learn that ammunition alone can trigger criminal charges under Florida Statute §790.23.
You do not need to possess an actual firearm to be arrested. Even a single round of ammunition found in your vehicle, residence, or personal belongings can lead to felony charges.
Because of this, law enforcement often investigates:
Ammunition in glove compartments
Loose rounds in backpacks
Ammunition found in homes
Magazine clips and loaded magazines
What Is the Penalty for Felon in Possession of a Firearm in Florida?
In most cases, Felon in Possession of a Firearm is charged as a second-degree felony.
Penalties may include:
Up to 15 years in prison
Up to 15 years of probation
Up to a $10,000 fine
A permanent felony conviction
For many defendants, the biggest risk is incarceration. Florida judges and prosecutors often treat firearm offenses harshly, particularly when the person has prior felony convictions.
In some circumstances, additional criminal charges may be filed alongside the firearm allegation, dramatically increasing sentencing exposure.
Enhanced Penalties for Criminal Gang Activity
Florida law allows for significantly harsher punishment if the accused qualifies for criminal gang-related sentencing enhancements under Florida Statute §874.04.
If applicable, the offense can be elevated to a first-degree felony punishable by up to life in prison.
These enhancement allegations can substantially increase the stakes in a criminal case and should be challenged aggressively.
Are There Exceptions to the Law?
Yes. Florida law contains limited exceptions.
Common Defenses to a Felon in Possession Charge
Every case is different, but several defenses commonly arise in Florida firearm possession cases.
Lack of Possession
One of the strongest defenses is showing that the accused never actually possessed or controlled the firearm.
This issue frequently arises when:
Multiple people occupied a vehicle
The firearm belonged to another person
The gun was found in a shared residence
Police cannot prove knowledge of the weapon
Illegal Search and Seizure
Police must comply with constitutional protections when searching vehicles, homes, and people.
If officers conducted an unlawful traffic stop, illegal search, or unconstitutional seizure, critical evidence may be suppressed.
Without the firearm evidence, prosecutors may have difficulty proving the charge.
Lack of Knowledge
The State must prove that the accused knew the firearm was present.
If someone genuinely did not know a firearm was in a vehicle, home, or personal belongings, this may create reasonable doubt.
Invalid Predicate Felony
In some cases, the prosecution may struggle to prove a qualifying prior felony conviction sufficient to trigger the statute.
A skilled defense attorney will carefully review criminal history records and challenge any weaknesses in the State’s evidence.
Why Early Intervention Matters
If you are under investigation or have already been arrested for possessing a firearm as a convicted felon, time matters.
The earlier a defense attorney becomes involved, the better the opportunity to:
Review police reports
Analyze body camera footage
Challenge searches
Investigate constructive possession claims
Negotiate with prosecutors
Build a defense strategy before critical deadlines
Firearm charges often move quickly in the criminal justice system, and mistakes made early in the process can significantly impact the outcome of a case.
A conviction for Felon in Possession of a Firearm can have devastating consequences, including prison time, a permanent criminal record, and loss of important civil rights. But being arrested does not mean you are guilty, and it does not mean the State can prove its case.
At Hunt Law, we aggressively defend individuals accused of firearm offenses throughout the Tampa Bay area. If you have been charged or are under investigation, speak with an experienced Tampa felon in possession of a firearm attorney as soon as possible. We will thoroughly review your case, explain your options, and begin building a strong defense designed to protect your future.
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