Felon in Possession Florida

Felon in Possession of a Firearm in Florida

Possession of a firearm by a convicted felon is one of the most aggressively prosecuted firearm offenses in Florida. Charged under § 790.23, Florida Statutes, this offense does not require the State to prove a violent act or the use of the weapon. Simple knowing possession is sufficient. Because prior felony status is already established, prosecutors often view these cases as straightforward proof prosecutions with significant sentencing exposure.

Attorney Jason Goldsmith represents individuals charged with felon-in-possession offenses throughout the State of Florida. As a former Broward County prosecutor, he understands how these cases are screened, how prior convictions are verified, how possession theories are built, and how sentencing exposure is calculated under Florida’s Criminal Punishment Code.

Statutory Authority – § 790.23, Florida Statutes

Section 790.23 makes it unlawful for a person who has been convicted of a felony to own or have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon. The statute applies regardless of whether the firearm is loaded and regardless of whether it is used. The offense is typically charged as a second-degree felony.

Elements the State Must Prove

To secure a conviction, the State must prove beyond a reasonable doubt that: (1) the defendant has a qualifying prior felony conviction; (2) the defendant knowingly owned, possessed, or controlled a firearm; and (3) the firearm meets the statutory definition under Florida law.

The prior felony conviction element is usually proven through certified court records. The possession element—particularly in constructive possession cases—is frequently the most contested issue.

Actual vs. Constructive Possession

Actual possession occurs when a firearm is found on the defendant’s person or within immediate reach and control. Constructive possession arises when a firearm is located in a vehicle, residence, or shared space where the State alleges control or dominion.

In constructive possession cases, the State must prove knowledge of the firearm’s presence and the ability to exercise control over it. When multiple occupants are present, independent proof linking the firearm to the defendant becomes essential.

How These Cases Commonly Arise

Felon-in-possession charges frequently originate from traffic stops, probation searches, warrant executions, or domestic disturbance responses. In many cases, the firearm is discovered during a search of a vehicle or residence. Fourth Amendment challenges often play a central role.

Where officers rely on consent searches, search incident to arrest, or probable cause determinations, defense review focuses on the legality of the search and whether suppression is appropriate.

Sentencing Exposure and Criminal Punishment Code

A violation of § 790.23 is typically a second-degree felony, punishable by up to 15 years in state prison, 15 years of probation, and a $10,000 fine. Under Florida’s Criminal Punishment Code, felon-in-possession charges carry significant severity points. Prior record points—especially prior violent felony history—can dramatically increase sentencing exposure.

Where firearm possession is alleged in connection with another felony offense, reclassification or additional charges may apply. A careful scoresheet analysis is critical in evaluating prison exposure.

Federal Implications

In addition to Florida prosecution, federal law under 18 U.S.C. § 922(g) independently prohibits firearm possession by convicted felons. While not every case triggers federal involvement, defendants should understand that federal firearm restrictions remain in effect even after completion of state sentences.

Collateral Consequences

A felony firearm conviction can permanently affect civil rights, employment opportunities, professional licensing, and housing eligibility. Because firearm offenses are often treated as serious public safety crimes, prosecutors may be less inclined to offer diversion or reduction absent evidentiary weaknesses.

Defense Strategies in Felon-in-Possession Cases

Defense strategy often centers on challenging possession—particularly constructive possession—litigating search and seizure issues, examining forensic fingerprint or DNA evidence, and evaluating whether the prior felony conviction qualifies under statutory requirements.

In some cases, suppression of unlawfully obtained firearm evidence may significantly weaken the prosecution’s case.

Frequently Asked Questions

Does the State have to prove I knew the firearm was there?

Yes. Knowledge is a required element. In constructive possession cases, the State must prove awareness of the firearm’s presence and the ability to exercise control over it.

What if the firearm belonged to someone else?

Ownership is not required for conviction. The State focuses on possession or control. However, lack of ownership may be relevant in disputing constructive possession.

Can this charge be dismissed if the search was illegal?

Yes. If the firearm was obtained during an unconstitutional search or seizure, suppression may substantially impact the case.

Is prison mandatory for felon in possession?

Prison is legally authorized but depends on scoresheet calculation and judicial discretion.

Does ammunition count under § 790.23?

Yes. The statute prohibits possession of ammunition as well as firearms.

Can restoration of civil rights affect this charge?

Restoration issues may affect firearm rights analysis, but defendants should obtain qualified legal advice regarding eligibility.

Can this charge be reduced?

Reduction depends on evidentiary strength, suppression issues, and negotiation posture.

How does a former prosecutor approach these cases?

Understanding how prosecutors evaluate constructive possession and prior felony proof informs strategic defense planning.

Statewide Florida Representation

Attorney Jason Goldsmith represents individuals charged with felon-in-possession offenses throughout Florida. The main office is located in Broward County, Florida.

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Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship.