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Felon in Possession of Firearm

Convicted felons face a variety of restricted rights once released from prison, and one of those is the right to bear arms. Simply possessing a firearm (or other weapon as defined by Florida law) can lead to significant repercussions in addition to what you may already be dealing with as a part of your felony sentence. If you or someone you know has been charged as a felon in possession of a firearm in Kissimmee, contact Hanlon Law today to schedule a free consultation. 


What is a Felon?


Felons are any person who has been convicted of a felony. A felony is a severe classification of crime that comes 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 considered serious crimes, felons are subsequently labeled as serious criminals. In an attempt to discourage further criminal behavior, felons see certain rights restricted – one of which is the right to bear arms. 


According to Florida Statute 790.23, it is against the law 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


To have possession, control, custody, or care of any firearm, electric weapon, ammunition, or concealed weapon. 


It’s important to note the inclusion of ammunition in this list; even without a gun, you can be charged with possession of a firearm if you’re found with ammunition. It’s also important to note that both actual and constructive possession fall under this umbrella and can lead to charges.


Actual Possession vs Constructive Possession


Actual possession is when you are found to actually, physically have a firearm, electric weapon, or ammunition on your person. This could be as obvious as holding a gun in your hand, or more concealed, like a pistol tucked into the back of your jeans or a small sidearm in a coat pocket. 


Constructive possession, on the other hand, is when a firearm, electric weapon, or ammunition is found close enough to your person or your personal property that it can reasonably be assumed you both know of its presence and are able to exercise control or dominion over it. For example, if you are pulled over for a traffic stop and the police officer notices a rifle in the back seat, you could be charged with 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, might be contestable if we can show that you did not have control or dominion over the weapon in question. For example, a firearm found in a shared home, shared vehicle, or other shared personal property 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. 


Kissimmee Criminal Defense Lawyers 


If you are being investigated for a firearm possession charge, and you have a prior conviction for a felony, you should consult an experienced attorney. Details about the place where the firearm was found and whether there were others in the area, or whether others could access that place, may matter to your defense. Our firm's founder, Will Hanlon, has defended people accused of gun crimes ranging from felon in possession of a firearm to aggravated assault with a firearm in the Kissimmee area since 1994. Contact Hanlon Law today to schedule a free consultation.

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