Felony Firearm Charges in Florida

Being convicted of a felony can be detrimental to your future. From that moment on, you will no longer be allowed to legally own a firearm, as a felony conviction means you lose that right, regardless of what the Second Amendment states. If you are caught with a firearm in your possession, you could face severe legal penalties and potentially end up back in prison. Understanding the felony firearm charges in Florida can help prepare you to deal with your case.

If you are an ex-con with a felony record who has recently been released from prison, you may be struggling to assimilate back into society. You may not even be aware of your lack of gun rights. The last thing you want is to be sent back because of a felony you were not aware of. You should consider speaking with a local support group for former prisoners, such as Florida Prison Fellowship or Operation New Hope.

According to data collected by the Centers for Disease Control (CDC), Florida has one of the highest firearm injury death rates in the country, with a rate of 14 per 100,000 residents as of 2022. Florida lawmakers and courts enforce certain gun laws to protect the public good, but they can also take away your fundamental rights.

One gun law that’s taken seriously in the state is felony firearm possession. If you are arrested and charged with this crime, you should contact a defense lawyer as soon as you can.

Under Florida state law, it is illegal for someone with a felony on their criminal record to own or possess a firearm, although there may be some potential avenues for you to get your gun rights back. If you are charged with felony firearm possession, you will be facing second-degree felony charges, which include up to 15 years in prison and a fine of up to $10,000. If the weapon was in your possession, there is a three-year minimum sentence.

Potential Defenses Against Felony Firearm Charges

The most important thing a defense lawyer can do is provide you with a sound defense strategy. If you go up against a seasoned prosecutor and don’t have a defense, you are considerably more likely to lose. The prosecutor needs to be able to prove your guilt beyond a reasonable doubt, while your lawyer only has to introduce reasonable doubt. Here are some potential defenses that may help your attorney clear your name:

Lack of Intent: For the prosecution to prove your guilt, they will also need to prove intent. If there is no obvious intent to commit a crime, it may be easier for your Tampa felony firearm lawyer to prove your innocence. If there is no evidence that suggests you ever intended to commit a crime with the alleged firearm or that you even knew about the firearm, that can go a long way toward supporting your case.
Lack of Possession: The simplest argument may be to simply argue that the weapon in question was never in your possession. If the weapon wasn’t found on your person, it may be more difficult for the prosecution to prove that it belonged to you or that you ever had it in your possession at all.

FAQs

Q: What Is a Felony Gun Charge in Florida?

A: In Florida, a felony gun charge typically involves having a firearm in your possession after being convicted of a felony that caused you to lose your gun rights. Specific types of gun charges can vary, and some carry additional penalties, such as using a firearm while committing a different crime. If you are facing a felony gun charge, you should reach out to a Tampa criminal defense lawyer for help.

Q: What Is the Punishment for a First Degree Felony in Florida?

A: The punishment for a first degree felony in Florida is generally a maximum sentence of 30 years in prison and a fine of up to $10,000. Depending on the details, you could be looking at a possible life sentence. The specifics of the crime and your past criminal history will largely influence the sentence imposed on you. For a gun charge to be considered a first-degree felony, it would likely involve the use of a firearm during another crime.

Q: Can a Convicted Felon Live in a House with Guns in Florida?

A: No, a convicted felon cannot live in a house with guns in Florida. A convicted felon cannot legally have firearms of any kind anywhere in their home, even if those firearms are owned by their spouse, children, or another member of the household. The felon could be thought to have constructive possession of these firearms, meaning they could conceivably have control over them since they are in the same place.

Q: Who Does Florida State Law Prohibit From Legally Possessing Firearms?

A: Florida state law prohibits certain people from legally possessing firearms. Generally, individuals who cannot possess a firearm are convicted felons, anyone under 16 years old, drug addicts and alcoholics, domestic violence offenders, and anyone who is considered mentally unfit to own a gun. Unless the weapon in question is an antique firearm, you could face serious legal consequences for illegally possessing a gun in Florida.

Contact a Florida Felony Firearm Lawyer Today

The legal team at Jeff Marshall Law can provide you with the tools and resources you need to fight the charges being made against you. Fighting felony firearm possession charges can be difficult, as you already have a criminal record due to a previous felony conviction. A criminal record follows you for life. It can influence the way people perceive you, affect your job opportunities, and even hurt your personal relationships. Additional charges can make things worse.

We can help you better understand the state’s felony firearm possession laws. If you are facing such charges, we can help you build your case, gather evidence, and ensure that your interests are protected. Contact us to speak to a valued team member about a consultation.

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Felony Firearm Charges in Florida – All You Need to Know in 2025