Firearm Possession by Felons

While the Second Amendment gives us the right to bear arms, this right is not extended to convicted felons. A person convicted of a felon loses certain rights, and losing their right to own a gun is one of them. Convicted felons are not allowed to own or purchase firearms except under certain circumstances.

Florida law is harsh in this regard. Under Florida Statute § 790.23, it is illegal for a person convicted of a felony to own, possess, or control a firearm, ammunition, or an electric weapon.

In addition to guns, felons are also not allowed to have ammunition, gunpowder, brass knuckles, knives, and batons.

• The crime of possessing a firearm as a convicted felon is a second-degree felony. It can result in penalties such as up to 15 years in prison, a $10,000 fine, and a minimum mandatory sentence of three years in prison if the firearm is in the felon’s actual possession.

If the firearm possession occurs within five years of the felon’s release from prison or probation, the penalties can increase. This offense also triggers Florida’s 10-20-Life law, which mandates a minimum 10-year prison sentence for certain gun-related crimes.

 Hunting as a Felon

If you are a hunter in Florida and have been convicted of a felony, it’s important to understand your legal rights and restrictions. Since it is illegal for convicted felons to possess firearms in Florida, they are not allowed to hunt using firearms. The only exceptions are if the person has had their civil rights restored or the gun qualifies as an antique firearm. An antique firearm refers to any firearm manufactured in or before 1918. This includes any matchlock, flintlock, or percussion cap.

As long as a convicted felon has the proper hunting licenses, they are allowed to hunt with bows, crossbows, and airguns. However, they can only do so during seasons when such devices are legal. This applies to all hunters.

Hunters who are on probation should inform their probation officer before hunting. Also, convicted felons should be cautious about being near firearms, as they may be in constructive possession of that firearm. Constructive possession occurs when the person knows about the firearm and is in a position to exert control over it. For example, a felon who is riding in a truck with other hunters who have firearms with them could be considered in constructive possession of a firearm.

 Contact Us Today 

Firearms offenses are taken very seriously in Florida, especially if you are a convicted felon. A conviction can carry severe penalties.

A Fort Myers firearms offense attorney from Hollander & Hanuka can assist you with a firearm offense. We  can help navigate the legal process or assess options for regaining firearm rights. We will fight to protect your freedom and help you achieve the best possible outcome. To schedule a consultation today, give our office a call at (239) 332-3300 (Fort Myers) or (239) 530-1800 (Naples).

Source:

myfwc.com/hunting/regulations/felony/#:~:text=In%20regard%20to%20use%20of,Florida%20Parole%20Commission%20Web%20site.