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Possession of Firearm by Convicted Felon

Florida Statute 790.23 - Possession of a Firearm by a Convicted Felon


Florida Statute 790.23 prohibits anyone who has been convicted of a felony in either state or federal courts from knowingly having a firearm in their possession, custody, care or control.

Penalties

Possession of a Firearm by a Convicted Felon is a second-degree felony and is punishable by up to fifteen years in prison.

The “actual possession” of a firearm by a convicted felon carries a potential mandatory-minimum three-year prison sentence pursuant to Florida Statute 775.087(2)(a)1. A person serving a mandatory-minimum sentence is not eligible for gain-time or any other form of early release from prison.

Actual vs. Constructive Possession

“Actual Possession” means the firearm is in a person’s hand, or on their body. It is also defined as being so close to a person as to be within ready reach and under the person’s control.

It’s important to know that mere proximity to a firearm is not sufficient to establish control over a firearm when it is not in a place over which the person has control.

“Constructive Possession” means the firearm is in a place over which the person has control, or in which the person has concealed it.

Defenses

An antique firearm is a firearm made prior to the year 1919 and is not considered a firearm for purposes of this statute.

Some things to consider in defending a charge of Possession of a Firearm by a Convicted Felon are:

  • Did the police discover the firearm in a lawful manner? For instance, if the firearm was found in your vehicle, did the police have the legal authority to search your vehicle?
  • Where was the firearm discovered? On your person, or in a place that you have no control over?
  • Did you have knowledge of the firearm’s presence in the location or place where it was discovered?

Possession of a Firearm is a serious charge that requires a serious defense. Wayne Richter is an experienced criminal defense lawyer that works tirelessly to defend his clients. Schedule a free initial consultation with Wayne and he will obtain a copy of your police report and evaluate the potential defenses to your case.

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