After you’ve served your time for a felony conviction, returning to normal life is probably at the top of your mind. Although you may be able to pick back up where you left off before your conviction, not every aspect will be the same. For instance, you have lost the right to own a firearm. If you’re caught with a firearm in your possession, you face more time behind bars, steep fines, and other penalties.
If you’re charged with possessing a weapon or gun as a felon in Tampa, you need experienced legal representation to help clear your name or reduce your charges. Call Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 or fill out the online form to schedule your free consultation with our weapons charge lawyers in Tampa.
What to Do Immediately if You Are Arrested for Felon in Possession
A felon-in-possession charge is a serious felony that can result in years in prison. If you have been arrested or are under investigation, take these steps immediately.
- Do not speak to police without an attorney. Tell the officer: “I want to speak with my attorney before answering any questions.” Officers will try to get you to admit you knew the firearm was present. Do not provide any statement. Even a denial can be used against you.
- Do not consent to any search. You have the right to refuse consent to search your home, vehicle, or person beyond what is covered by a warrant. If officers have a warrant, comply, but do not volunteer access to anything not listed in the warrant. How the weapon was discovered is often the most important issue in the case.
- Note the circumstances of how the weapon was found. Write down exactly where the firearm was located, who else was present, whether you were a passenger or driver, whether anyone else had access to the area where the weapon was found, and the names of any witnesses.
- Preserve all evidence. Save text messages, photos, receipts, and any documentation showing you did not know about the firearm or did not have control over the area where it was found.
- Do not discuss the case on jail phones. All calls from the Hillsborough County jail are recorded. Do not discuss your case with cellmates, friends, or family over the phone.
- Contact Metcalf Falls at (813) 258-4800 immediately. We are available 24/7 and can attend your first appearance, argue for bond, and begin investigating the legality of the search from day one.
What Happens After a Felon in Possession Arrest in Hillsborough County
Understanding the criminal process helps you make informed decisions at every stage. Here is what to expect:
Arrest and Booking
After arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road facility) for booking. Felon in possession is a second-degree felony under Florida law, so the intake process is thorough and bond amounts are typically higher than for misdemeanor charges.
First Appearance and Bond
Within 24 hours, you appear before a Hillsborough County judge who sets bond. Because this is a felony carrying up to 15 years in state prison, or a potential 10-year federal mandatory minimum, the judge will carefully consider your criminal history, the circumstances of the arrest, and whether you pose a flight risk. Our attorneys attend first appearances in court to argue for the lowest possible bond. Understanding the bail bond system in Florida is essential for families trying to secure a loved one’s release.
Discovery and Pretrial Motions
This is the most critical phase of a felon-in-possession case. Your attorney obtains all discovery: the search warrant affidavit, body-cam footage, police reports, witness statements, and forensic evidence (fingerprints, DNA on the weapon). We file motions to suppress evidence obtained through illegal searches or stops. If the weapon is suppressed, the entire case often collapses. This phase typically takes 30–90 days.
Plea Negotiations vs. Trial
Under Florida Statute §790.23, a first-time felon-in-possession conviction carries up to 15 years in state prison. Under federal law (18 U.S.C. §922(g)(1)), the mandatory minimum is 10 years with no parole. We negotiate aggressively with prosecutors to avoid mandatory minimums, pursue charge reductions, or secure diversion where eligible. If negotiation fails, we take the case to trial, where the prosecution must prove every element beyond a reasonable doubt. Your attorney should also review Florida sentencing guidelines with you.
Are Convicted Felons Allowed To Own Guns in Florida?
Under Florida Statute §790.23, anyone convicted of a felony in the state, convicted of a crime against the United States, or convicted of a crime in another state cannot own a gun. That means if you have a felony on your criminal record, you are not permitted to possess or use any firearm, ammunition, or electric weapon.
Felons are not permitted to own bullets, gunpowder, metallic knuckles, large knives, or batons.
How Does Florida Define Possession of Firearms?
There are two important concepts to legally define possession in Florida: constructive or actual possession.
- Actual Possession: having physical control over a firearm. You might have the gun in your hand or somewhere on your person.
- Constructive possession: having a firearm near you. You might be driving with a firearm within arm’s reach in the car.
Basically, if law enforcement charges you with possessing a gun as a felon, they must show that you had control of the gun or had reasonable knowledge of how to get to it easily. It won’t be enough for them to claim the gun was close to you to charge you with constructive possession.
Penalties for Felon in Possession of a Firearm in Florida
Florida State Charges (§790.23)
Under Florida Statute §790.23, it is a second-degree felony for a person convicted of a felony to have in their care, custody, possession, or control any firearm, ammunition, or electric weapon. Penalties include:
- Up to 15 years in Florida state prison
- Up to 15 years of probation
- Fines up to $10,000
The three-year mandatory minimum sentence under §790.23 applies only to defendants who have a prior conviction under this same statute, not to all first-time felon-in-possession charges. If this is your first offense under §790.23, there is no mandatory minimum, and your attorney has more room to negotiate sentencing. If you have a prior felon-in-possession conviction, the three-year mandatory minimum applies and the judge cannot impose a lesser sentence.
Federal Charges (18 U.S.C. §922(g)(1))
The federal government can also prosecute felon-in-possession cases, and federal penalties are significantly harsher.
- Up to 10 years in federal prison (no parole in the federal system)
- If the defendant has three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act (ACCA) increases the mandatory minimum to 15 years
Federal prosecution is more likely when the defendant has a serious criminal history, when the case involves drug trafficking, when federal agencies (ATF, FBI, DEA) were involved in the investigation, or when the firearm crossed state lines. Our attorneys handle both state and federal gun charges and can coordinate your defense across jurisdictions.
Federal Charges Related to Felony Possession of a Firearm
In some situations, you could be charged for illegal possession of a firearm on a federal level. Under 18 U.S. Code §922(g)(1), it is illegal for anyone convicted of a crime punishable by imprisonment for a term of more than one year to own or possess a firearm or related materials.
Simply put, under federal law, anyone who has been convicted of a crime that could lead jailtime of one year or more is a felon. If they are found to own or possess a firearm, bullets, an electric weapon, etc., they could be charged with a federal crime. Beyond felons, anyone convicted of domestic violence in Florida could be charged for owning a gun.
What Are the Penalties for Violating Federal Gun Control Laws?
If you are charged with violating 922(g)(1), you face up to 10 years in a federal prison. If you have three previous convictions for violent crimes or serious drug offenses, you could be ordered to serve at least 15 years in prison.
Why Federal vs. State Matters for Your Defense
Both the State of Florida and the federal government can prosecute felon-in-possession charges, and in some cases both may pursue charges simultaneously. Federal prosecution is more likely when the defendant has a serious criminal history, when the case involves drug trafficking, or when federal agencies (ATF, FBI, DEA) were involved in the investigation.
Federal penalties are significantly harsher: a 10-year mandatory minimum with no parole, compared to Florida’s sentencing guidelines which allow more judicial discretion for first offenses. Our Tampa criminal defense attorneys handle both state and federal firearms cases and can coordinate your defense across jurisdictions to pursue the best possible outcome.
Can I Defend Against Illegal Firearm Possession Charges?
Although it may feel like the end of the world to be charged with illegal firearm possession, you still have the right to defend yourself with the help of a Tampa gun possession lawyer. You are innocent until proven guilty. The prosecution will need to prove beyond a reasonable doubt that you own or controlled a firearm.
Possible defenses include:
You Didn’t Know the Gun Was There
For example, if you were a passenger in someone else’s car and a firearm was found under the seat or in the trunk, the prosecution must prove you actually knew the weapon was present. We investigate vehicle ownership, seating positions, fingerprint evidence on the weapon, and whether other occupants had access. If the prosecution cannot prove knowledge, the charge fails. This defense is especially strong when the firearm was found in a shared space: a roommate’s closet, a friend’s car, or a common area of a home.
Cases where the prosecution cannot establish knowledge typically result in dismissal or acquittal.
You Didn’t Have Control of the Weapon
Constructive possession requires proof that you had dominion and control over the firearm, not just proximity. If a gun was found in a shared residence, a friend’s car, or a common area, we challenge whether the prosecution can tie you specifically to the weapon. We examine fingerprints, DNA, location within the space, and whether others had equal access. The same legal principles that apply to actual vs. constructive drug possession in Florida apply to firearm possession cases.
When the prosecution cannot prove dominion and control, these cases typically result in charge reduction or dismissal.
Your Privacy Rights Were Violated
The Fourth Amendment protects you from unreasonable searches and seizures. If police searched your home without a warrant, your car without probable cause, or your person without reasonable suspicion, the weapon may be suppressed. We subpoena body-cam footage, review search warrant affidavits for false or misleading statements, and challenge the legality of every step of the investigation. We also challenge drug dog alerts used to justify vehicle searches, which are often unreliable. The Fourth Amendment protections in your criminal case are central to challenging improperly obtained evidence.
If the weapon is suppressed, the case often collapses entirely, resulting in full dismissal.
Your Identity was Mistaken
In cases involving multiple people, including traffic stops with several passengers, searches of shared residences, or chaotic arrest scenes, the wrong person can be charged. We investigate alibi evidence, phone location data, surveillance footage, and witness testimony to establish you were not in possession of the weapon. Fingerprint and DNA analysis on the firearm itself can also exclude you as the person who handled it.
Typical outcome: Dismissal or acquittal when the prosecution cannot prove the firearm was in your possession rather than someone else’s.
Schedule a Free Consultation With a Tampa Felon in Possession Defense Lawyer
A felon-in-possession charge carries up to 15 years in state prison or a 10-year federal mandatory minimum. But many of these cases can be won on suppression grounds. If the weapon was found through an illegal search, the entire case can collapse. Do not speak to police before calling us.
Call (813) 258-4800 now for a free, confidential case evaluation with a former prosecutor who knows how to fight firearms charges in Hillsborough County. Available 24/7.
FAQs About Felon in Possession of a Firearm Charges in Florida
Can a felon in Florida ever regain the right to own a firearm?
Yes, but the process is challenging. You must apply for clemency through the Florida Office of Executive Clemency, and even then, the decision is not guaranteed. Consulting with an attorney can help you navigate this process.
What if the firearm wasn’t mine but was found in my car or home?
You could still be charged under the concept of constructive possession. The prosecution would need to prove you had knowledge of the firearm and control over it. A defense attorney can help challenge these claims.
Does the three-year mandatory minimum sentence apply in every case?
The three-year mandatory minimum applies to state charges of felon in possession of a firearm. However, specific circumstances and federal charges may result in different penalties.
What if I was arrested but the firearm was not operable?
Even if a firearm is inoperable, it could still lead to charges. However, the condition of the firearm might be used to mitigate penalties or negotiate a plea deal.
How can a lawyer help me fight felon in possession of a firearm charges?
A lawyer can investigate the evidence, identify procedural errors, and develop a tailored defense strategy. They can also negotiate with prosecutors to potentially reduce or dismiss charges and advocate for you in court.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a new conviction as a felon with a criminal record is critical to your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging the new charges. A firearms conviction could strip you of your rights. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer in Tampa, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Felon in Possession Defense Lawyer Today
A conviction for felon in possession of a firearm can mean years in prison, the permanent loss of your gun rights, and devastating collateral consequences for your employment, housing, and family. But these cases are winnable, especially when the weapon was discovered through an unconstitutional search.
Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of serious felony cases. As a Tampa weapons charge lawyer, he knows exactly how prosecutors build firearms cases and how to dismantle them.
Call (813) 258-4800 now or contact us online to schedule your free, confidential consultation. We are available 24 hours a day, 7 days a week.
