Firearm or Ammo Possession by Convicted Felon Lawyers
Being convicted of a felony can result in losing certain rights and privileges. One of the most common is the loss of the right to own or possess firearms or ammunition. This applies not just in Florida but across the United States. While the loss of gun rights may seem straightforward, the actual laws and defenses surrounding firearm possession for felons can be complex. Having an experienced criminal defense lawyer can make all the difference.
Overview of Firearm Ban for Felons
Federal law prohibits anyone convicted of a felony from possessing a firearm or ammunition. This applies even if the felony conviction occurred years or decades ago. The prohibition also covers other categories of individuals, including those convicted of domestic violence misdemeanors, those addicted to controlled substances, and those deemed mentally defective or committed to a mental institution.
Florida law similarly bars convicted felons from owning or possessing firearms, ammunition, or electric weapons. A conviction under state law carries a mandatory minimum 3-year prison sentence up to 15 years. Federal charges can potentially lead to even greater penalties depending on the person’s criminal history.
What Constitutes Possession?
When it comes to felons and firearms, the biggest legal question is often what exactly constitutes illegal “possession.” There are a few key principles:
- Actual possession – Physically holding or having a firearm on one’s person, such as in a pocket or waistband. This is the clearest form of possession.
- Constructive possession – Having a firearm nearby and available, even if not physically held at that moment. For example, a gun stored in a car’s glove compartment or in the home. Prosecutors may claim constructive possession if the person knew about the firearm and could access it.
- Joint possession – Sharing control or access to a firearm with others. If multiple people live in a home with guns, they may all potentially face charges.
- Temporary possession – Brief physical control of a gun, such as handling a friend’s firearm at a shooting range. There are limited exceptions allowing temporary possession in some cases.
The key in each scenario is the person’s knowledge of and ability to control the firearm.
Common Defenses Against Firearm Possession Charges
Skilled criminal defense lawyers know how to fight firearm possession charges using a range of possible defenses. Common examples include:
- Lack of possession – Arguing the person did not actually or constructively possess the firearm. For example, if a gun was left in a jointly occupied home without their knowledge.
- Duress – Claiming the person only possessed the firearm under threat of harm, such as being forced to hold a gun by an abusive partner.
- Justification – Asserting possession was legally justified, like temporarily handling a weapon to unload it or dispose of it safely.
- Invalid predicate conviction – Attacking errors with the original predicate felony conviction used to establish prohibited status.
- Relief from disabilities – Demonstrating the person’s right to possess firearms was legally restored through a pardon or other procedure.
An attorney can also challenge issues with the search, arrest, Miranda rights, and other procedural matters. The goal is creating reasonable doubt regarding the person’s guilt.
Sentencing Considerations
Those facing a conviction for unlawful firearm possession should know the potential penalties. Under Florida law, possession by a convicted felon is a second-degree felony carrying:
- Up to 15 years in prison
- Up to 15 years probation
- Up to $10,000 in fines
Federal charges can potentially lead to even greater sentences depending on the person’s past criminal record and the nature of the firearm violation.
However, an experienced lawyer may be able to negotiate reduced charges or sentencing departures in appropriate cases. Alternatives like pretrial diversion may also avoid a conviction altogether. The defense strategy depends on the unique circumstances of each case.
Finding the Right Lawyer for Your Case
If you or a loved one faces charges for firearm or ammo possession as a convicted felon, having an experienced Florida criminal defense lawyer could make an enormous difference. Do not leave your future in the hands of an overworked public defender. Hire a dedicated attorney who knows how to build the strongest defense.
Look for a lawyer with extensive experience specifically handling felon-in-possession cases. Understand the lawyer’s track record obtaining dismissals, acquittals, and favorable plea deals for clients. Be sure they are willing to take an aggressive stance fighting the charges at every stage. The right legal representation can help protect your rights and freedom.
Conclusion
Losing the right to own firearms is one of the many consequences of a felony conviction. However, the laws surrounding what constitutes illegal possession versus allowable exceptions can be nuanced. Working with an experienced criminal defense lawyer is critical when facing felony firearm possession charges. With an in-depth understanding of the relevant state and federal laws – as well as the various defenses available – an attorney can strategize the best approach for seeking a positive case resolution. Don’t leave your future to chance. Consult with a lawyer as soon as possible after an arrest for firearm or ammo possession as a convicted felon.