The Second Amendment to the United States Constitution guarantees the right of the people to keep and bear arms, but the United States Supreme Court held in District of Columbia v. Heller, 554 U.S. 570 (2008) that this right is not unlimited.
When a person has been convicted of a felony in Florida, however, it is illegal for him or her to possess a firearm. Possession of a firearm by an individual with a felony conviction is also a felony offense that comes with steep fines and serious ramifications.
If individuals are convicted felons, they must file petitions for restoration of their civil rights with the Florida Office of Executive Clemency before they can legally possess any kind of firearms.
Fighting a firearm possession charge as a convicted felon is no easy feat. A criminal defense attorney can work towards establishing a proper defense to these charges.
Attorney for Firearm Possession by a Felon in Gainesville, FL
The experienced team of criminal defense attorneys at Galigani Law Firm assists individuals accused of weapon and firearm offenses who are alleged repeat offenders. Our Gainesville criminal defense lawyers will fight for your rights and give your case the attention it deserves.
Galigani Law Firm will make every effort on your behalf to achieve the best possible outcome with the fewest possible penalties. Call (352) 375-0812 today for a free, no obligation consultation of your case.
Conveniently located six (6) minutes from the University of Florida Gainesville campus, Galigani Law Firm accepts clients in Bradford County, Columbia County, Levy County, Gilchrist County, Putnam County, Marion County, and Union County.
Firearm Possession by a Felon Defined under Florida Law
Pursuant to Florida Statute §790.23, a convicted felon who has served up to one consecutive calendar year in prison and has consequently owned firearms, ammunition, or an electric weapon will be charged with firearm possession by a felon.
In addition to firearms, this statute also bars convicted felons’ possession of chemical weapons including tear gas.
This offense carries the severity of the second or third degree if the offender has other charges to his or her name. If a felon in possession is proven to have had actual possession rather than constructive possession of the firearm, this offense will mandate a minimum three (3) year prison sentence.
This statute does not apply to individuals who have had their civil rights and firearm authority restored.
Elements of a Felon Possession Charge in Florida
To convict a felon for possession of a firearm, a prosecutor must satisfy the following elements:
- The defendant is a convicted felon due to a previous offense; and
- Following a prior conviction, the defendant knowingly possessed or owned a firearm or ammunition, or carried a concealed weapon.
Florida law defines a convicted felon as an individual who has been convicted of an offense, in or outside the state of Florida, carrying a punishment of more than one year. This includes juveniles convicted of an offense which would normally be considered a felony as applied to adults.
Firearm Possession Resources
Convicted Felon Possession of a Firearm in Florida – Visit the Online Sunshine website of Florida’s state legislature to find out more about convicted felon possession of a firearm in Florida. The website provides the statutory language for various firearm offenses. Also, find more information on related weapon offenses under Florida law.
Felon Possession Charge Attorney in Gainesville, FL
If you are a convicted felon who has been charged with illegal possession of a firearm it is in your best interest to contact Galigani Law Firm as soon as possible.
It is within your rights to seek out an attorney if you have been accused of possession of a firearm and you are a previous offender, Our Gainesville criminal defense lawyers can provide you with a free consultation and review your case as soon as you call (352) 375-0812 today.
