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.
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.
What are the Penalties for Possessing a Firearm as a Felon in Florida?
Possession of a firearm as a felon in Florida is a second-degree felony. If convicted, you may be sentenced up to 15 years in prison and fined $10,000. The lowest prison sentence you could face is three years, as the state ruled there is a three-year minimum mandatory sentence.
There are situations where you could be charged with a first-degree felony instead of a second-degree felony. If you were convicted of an offense that benefitted or promoted a criminal gang or was in the act of helping a gang, your charge could be enhanced into a first-degree felony.
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.
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 shadow of a doubt that you own or controlled a firearm.
Possible defenses include:
You Didn’t Know the Gun Was There
If you’re accused of constructive possession, the prosecution must show that you knew the firearm was there. You and your attorney can use evidence to prove that you weren’t aware of the gun in your proximity.
You Didn’t Have Control of the Weapon
Another aspect of constructive possession is your ability to control the firearm. Your criminal defense lawyer can show that you did not have exclusive control of the weapon. There may have been someone else near you with the weapon.
Your Privacy Rights Were Violated
Under the Fourth Amendment, you have a right from being illegally searched. If law enforcement lacked probable cause or did not have a search warrant when they found the gun near you, your attorney can argue your rights were violated or ignored, making evidence inadmissible.
Your Identity was Mistaken
In some scenarios, it’s easy for law enforcement officers to mistake you for someone else. In these cases, you may have been mistaken for the person who actually controlled the gun.
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, 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 Gun Rights Defense Lawyer Now
When you’re facing gun charges as a convicted felon, working with a skilled and experienced attorney is crucial. Not only are you facing tough odds as someone who has already been convicted, but you want to get your life back on track. Metcalf Falls, Criminal Defense Attorneys, P.A., is the firm ready to help you.
We understand how difficult these situations are, and we have helped clients in similar situations. Let us fight for you.
Call (813) 258-4800 or fill out our form to schedule your consultation now.