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Criminal Defense Lawyer in Orlando, FL

Felon in Possession of Firearm Lawyer in Orlando, FL

Despite the second amendment, felons are not legally allowed to possess a firearm in the United States under Florida Statute 790.23. Felons found to be in possession of a firearm may face serious consequences. If you’ve been charged as a felon in possession of a firearm, contact Hanlon Law today to schedule a free consultation. 


What is Statute 790.23?


Chapter 790 of the Florida Statutes pertains to weapon and gun crimes. Section 790.23 specifically declares that it is illegal for felons and delinquents to be in possession of a firearm, ammunition, or other “electric weapons or devices unlawful.”


Who Qualifies as a Felon or Delinquent? 


Ostensibly, a felon is anyone who has committed a felony. However, Florida Statute 790.23 expands this definition in reference to the crime of possessing a firearm as a felon. 


According to this statute, you can be convicted of being a felon in possession of a firearm if you are:


  1. A convicted felon of the State of Florida
  2. Found guilty of crime that is a felony and was punishable by imprisonment exceeding 1 year in another state, territory, or country
  3. Found to have committed a delinquent act that would be a felony if committed by an adult in the State of Florida
  4. Found to have committed a delinquent act that would be a felony if committed by an adult in another state, territory, or county
  5. Convicted of or found to have committed a crime designated as a felony against the United States

What is a Felony? 


A felony is a classification of crime considered more severe in the eyes of the law. They are punished with longer prison sentences than misdemeanors (usually exceeding one year) as well as higher fines.


In the state of Florida, there are five different categories of felony: third-degree, second-degree, first-degree, life, and capital. There is also a separate category for certain drug crimes. 


Common felonies include: assault, battery, homicide, kidnapping, sexual battery, stalking, robbery, and grand theft.


What Qualifies as a Firearm?


According to Florida law, a firearm is any weapon that expels a projectile by the action of an explosive, or the ammunition for such a weapon. This includes starter guns and devices that were not designed for this purpose but may be readily converted to do so. Florida law also includes the frame or receiver of such weapons, any firearm mufflers or silencers, destructive devices, and machine guns in this definition. 


Common weapons considered a firearm include: handguns, rifles, electronic weapons or devices, tear gas guns, and chemical weapons or devices.


It’s important to note that Florida Statute 790.23 not only declares it illegal for a felon to own a firearm, but also for a felon to have a firearm in their care, custody, possession, or control. Since ammunition is included in the Statute’s definition of firearm, this means a felon could be charged for violating this law simply by having a few spare rounds in their home. 


What are the Consequences for a Felon In Possession of a Firearm? 


Being a felon in possession of a firearm or other weapon as prohibited by Florida Statute 790.23 is a first-degree felony, and as such, is punishable by up to life imprisonment as well as hefty fines. 


There are, however, a few exceptions to be aware of. For example, if a felon’s record has been expunged, they are no longer restricted by this statute. Even if a felon’s record has not specifically been expunged, felons may simply have their civil rights and firearm authority restored, which grants them the legal permission to own and/or possess a firearm as any other citizen. Of course, they must still abide by the regular laws regarding proper ownership, use, and storage of weaponry. 


Orlando Attorney Experienced in Weapon Crime Cases


Being caught in possession of a firearm as a felon can have serious, life-long repercussions. There are, however, a variety of defenses to take: lack of intent, illegally obtained evidence, violation of due process, unreasonable search and seizure, and more. That’s why it’s important to have an experienced gun crimes lawyer on your side who can help you decide the best defense for you. At Hanlon Law, our team brings nearly 20 years in the courtroom to the table. We’ll walk you through every step of the process and take advantage of every possible opportunity to advocate on your behalf. If you’re a felon caught possessing a firearm, or have been accused of another gun crime, contact us today to schedule a free consultation.

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