Possession of a Firearm by a Convicted Felon
If you have been charged with possession of a firearm, call Bottari & Doyle Law Firm in Palm Beach County at 561-588-2781 for legal representation.
Definition of Possession of a Firearm by a Convicted Felon
It is unlawful for any to own or have possession, custody or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device when:
- That person has been convicted of a felony, or
- That person had committed a delinquent act that would be a felony when committed by an adult and the person is under 24.
Actual vs. Constructive Possession
There are two types of possession, actual and constructive. Actual possession of a firearm occurs when the firearm is: (1) on the person or (2) close enough to be within reach and the person can maintain control over it. Constructive possession of a firearm occurs when the firearm isn’t on the person, but is in a place where the person can exert control over it.
Penalties for Possession of a Firearm by a Convicted Felon
In Florida, Possession of a Firearm by a Convicted Felon is a 2nd degree felony. 2nd degree felonies are punishable by up to any combination of the following:
- 15 years in prison
- 15 years of probation
- $10,000 fine
Additionally, if a person is found to be in Actual Possession of a Firearm, then the judge must sentence the defendant to a minimum of three years in prison. There is no mandatory minimum sentence for a person found to be in Constructive Possession of a Firearm.
Defenses to Possession of a Firearm by a Convicted Felon
- Lack of Sufficient Evidence to Prove Possession.
- Civil Rights and Firearm Authority Restored: It is a defense to the crime if a person has had their civil rights and firearm authority restored.
If you have been arrested for Possession of a Firearm by a Convicted Felon in Palm Beach County, Broward County or Martin County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.