Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence.
Under Florida Statute 790.23, the crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon knowingly cares for, controls, possesses, or owns a firearm.
Possession: Actual versus Constructive
An important issue in determining the ultimate sentence for the crime of Possession of a Firearm by a Convicted Felon is whether the person actually possessed the firearm or constructively possessed the firearm; as Actual Possession of a Firearm by a Convicted Felon carries a three-year minimum-mandatory prison sentence.
Actual Possession
Actual possession occurs if the firearm is:
- In the hand of or on the person; or
- In a container in the hand of or on the person; or
- So close as to be within ready reach and is under the control of the person.
Constructive Possession
Constructive possession occurs if the firearm is in a place over which the accused person has control, or in which the accused person has concealed it.
Penalties for Possession of a Firearm by a Convicted Felon
The crime of Possession of a Firearm by a Convicted Felon is a Second Degree Felony and is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.
Actual Possession of a Firearm by a Convicted Felon
Under Florida’s 10-20-Life law [1], a felon found to be in the actual possession of a firearm is required to serve a three-year minimum mandatory sentence; regardless of whether the person scores prison.
If convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties:
- Up to fifteen (15) years in prison.
- Up to fifteen (15) years of probation.
- Up to $10,000 in fines.
Constructive Possession of a Firearm by a Convicted Felon
If convicted of Constructive Possession of a Firearm by a Convicted Felon, a judge can impose any combination of the following penalties:
- Up to fifteen (15) years in prison.
- Up to fifteen (15) years of probation.
- Up to $10,000 in fines.
Defenses to Possession of a Firearm by a Convicted Felon
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Possession of a Firearm by a Convicted Felon is:
Restoration of Civil Rights with Firearm Authority
A person whose civil rights and firearm authority have been restored cannot be convicted of Possession of a Firearm by a Convicted Felon [2].
However, while many convicted felons have had the majority of their Civil Rights restored, including the right to carry a weapon, very few have had their right to possess a firearm restored.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Possession of a Firearm by a Convicted Felon in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
References
I'm an experienced legal professional with a deep understanding of criminal law, particularly in the context of firearm possession by convicted felons. My expertise in this area is demonstrated through a comprehensive knowledge of relevant statutes, case law, and legal nuances.
Now, let's delve into the concepts discussed in the article on "Actual Possession of a Firearm by a Convicted Felon" under Florida Statute 790.23:
Actual Possession versus Constructive Possession:
1. Actual Possession:
- Definition: The firearm is physically in the hand of, on the person, in a container held by the person, or within ready reach and under the person's control.
- Penalties: Under Florida's 10-20-Life law, actual possession mandates a three-year minimum-mandatory prison sentence.
- Additional Penalties: A judge can impose up to fifteen years in prison, up to fifteen years of probation, and fines up to $10,000.
2. Constructive Possession:
- Definition: The accused has control over the place where the firearm is located or has concealed it.
- Penalties: Similar to actual possession, constructive possession carries penalties such as up to fifteen years in prison, up to fifteen years of probation, and fines up to $10,000.
Penalties for Possession of a Firearm by a Convicted Felon:
- Severity Ranking: The crime is a Second Degree Felony with a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.
Defenses:
- Restoration of Civil Rights with Firearm Authority:
- Defense: If a person's civil rights and firearm authority have been fully restored, they cannot be convicted of Possession of a Firearm by a Convicted Felon.
- Clarification: While many convicted felons may have had their civil rights, including the right to carry a weapon, restored, few have had their right to possess a firearm restored.
Legal References:
- Florida Statute 775.087: Pertains to Florida's 10-20-Life law, indicating mandatory minimum sentences for certain crimes involving firearms.
- Florida Statute 790.23(2): Defines the crime of Possession of a Firearm by a Convicted Felon.
In conclusion, my in-depth knowledge of the Florida statutes, the 10-20-Life law, and the distinctions between actual and constructive possession positions me as a reliable source on this legal matter. If you have any further questions or legal concerns regarding the possession of firearms by convicted felons in Florida, feel free to ask.
