illegal Possession
Embedded Files
Illegal Possession of Firearms in Florida and How the Laws Are Enforced
In Florida, illegal possession of a firearm is treated as a serious offense, with strict laws governing who may legally own, carry, or access a firearm. The state prohibits possession by certain individuals, including convicted felons, minors (under most circumstances), those adjudicated mentally incompetent, and individuals subject to certain domestic violence injunctions. Florida law also places restrictions on carrying firearms without a valid Concealed Weapon or Firearm License (CWFL). Simply being found in possession of a gun—loaded or not—without the legal right to carry can result in felony charges depending on the situation.
Law enforcement agencies across Florida are aggressive in enforcing firearm laws, particularly in urban areas and high-crime zones. Police often encounter illegal firearm possession during traffic stops, probation checks, or domestic disturbance calls. If a firearm is found, officers will immediately assess whether the individual has the legal right to possess it. Violations are frequently prosecuted under Florida Statute § 790.23, which makes it a second-degree felony for a convicted felon to knowingly own or possess a firearm, punishable by up to 15 years in prison and a $10,000 fine.
Enforcement efforts often intersect with federal laws, especially when firearms are discovered in connection with drug offenses, violent crimes, or weapons trafficking. In such cases, state prosecutors may work in coordination with federal agencies like the ATF or FBI, and charges can be elevated to federal court. Florida also enhances penalties for those caught with firearms during the commission of certain crimes, invoking the “10-20-Life” sentencing structure—meaning mandatory minimum sentences of 10, 20, or 25 years to life, depending on the firearm's use in the crime.
In short, Florida takes illegal firearm possession very seriously, and the consequences can be life-altering. Being found with a weapon when you are legally prohibited from owning one not only leads to harsh criminal penalties, but also impacts future employment, housing, and civil rights. Understanding your legal status, following all licensing requirements, and consulting with a qualified attorney when in doubt are essential steps in protecting yourself from these charges.
How Crag Chaderton Law Defends
We take illegal firearm possession charges seriously because we understand just how devastating a conviction can be. From the moment we take on a case, our goal is to build a strategic, aggressive defense tailored to the facts, the law, and the unique background of the accused. We begin by conducting a full investigation into how the firearm was discovered, whether law enforcement violated constitutional rights, and whether the alleged possession was actual or merely constructive. In many cases, we uncover procedural errors—such as unlawful searches or lack of probable cause—that can result in suppressed evidence or full dismissal of the case.
Florida law requires the state to prove beyond a reasonable doubt that the accused knowingly possessed the firearm. If the weapon was found in a shared vehicle, a home with multiple occupants, or in a location where many people had access, we argue that there is insufficient evidence to tie the weapon directly to our client. In constructive possession cases, this argument is often the key to a successful defense. When necessary, we bring in expert testimony or forensic analysis to dispute fingerprints, DNA, or ballistics connections to the weapon.
Crag Chaderton Law also understands that many of these cases involve individuals who were unaware they were breaking the law. That’s why we incorporate context and personal history into our defense—presenting our clients not just as defendants, but as people: parents, workers, veterans, or responsible citizens who made a mistake or were wrongfully accused. Our advocacy doesn’t stop in the courtroom—we also work to protect our clients’ records and reputations, seeking expungements or sealing of records where applicable.
Site:
How to Avoid Illegal Possession of a Firearm in Florida
Avoiding illegal possession of a firearm in Florida starts with understanding who is legally permitted to own and carry a firearm, and what specific responsibilities come with that right. Florida law requires all individuals who wish to carry a concealed weapon to obtain a valid Concealed Weapon or Firearm License (CWFL). However, even with a license, not everyone is eligible to possess a firearm. Those with felony convictions, certain misdemeanor domestic violence convictions, active restraining orders, or a history of mental health adjudication are strictly prohibited from owning or possessing firearms. Knowing your legal status before purchasing or handling a firearm is the first and most critical step.
If you are legally permitted to possess a firearm, it's equally important to ensure the weapon is acquired, stored, and carried in compliance with Florida law. Always purchase firearms from licensed dealers who conduct proper background checks. Avoid private or informal transactions that may lack documentation—these often lead to unintentional violations. If you inherit or are given a firearm, confirm with legal counsel or law enforcement whether you can legally possess it before taking ownership. Keeping clear records of ownership can also help protect you in the event of a misunderstanding or investigation.
Understanding the Law and Enforcement
Illegal possession of a firearm in Florida is a crime that can result in steep penalties, including lengthy prison sentences, heavy fines, and a permanent mark on your criminal record. Under Florida law, it is unlawful for certain individuals to own, carry, or control a firearm. These include convicted felons, juveniles under the age of 18 (except under limited and supervised conditions), individuals found mentally unfit by a court, and those subject to active domestic violence restraining orders or final injunctions. Even someone who has completed their sentence or probation for a prior felony is still prohibited from possessing a firearm unless their civil rights and firearm rights have been formally restored through clemency.
Possession doesn’t just mean having a gun on your person—it also includes having one in your home, vehicle, or even within reach if you have control over the area. Florida courts recognize both "actual" and "constructive" possession. This means someone doesn’t need to be physically holding a firearm to be charged; merely knowing about the gun and having the ability to access it can qualify as illegal possession. Because of this broad definition, it’s possible for someone to be charged even if they didn’t own the firearm or weren’t aware of its presence until a search took place.
Enforcement of firearm possession laws in Florida is strict and often aggressive, especially in areas with high gun violence rates. Law enforcement officers are trained to look for signs of illegal weapons during routine traffic stops, searches, probation visits, and other police encounters. If they find a firearm, they will immediately determine whether the person is legally allowed to possess it. Possession of a firearm by a convicted felon is prosecuted under Florida Statute § 790.23 as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. If the weapon was loaded, concealed, or involved in another offense, additional charges—such as carrying a concealed weapon or armed possession—may apply.
Florida’s “10-20-Life” law still casts a long shadow over gun-related crimes, even though it was revised in recent years. Under the previous mandatory minimum sentencing guidelines, displaying a firearm during the commission of a crime meant a 10-year minimum sentence, discharging it led to 20 years, and injuring or killing someone could bring 25 years to life. Although judicial discretion has been restored in some cases, prosecutors still pursue enhancements aggressively when guns are involved. Federal law can also overlap with state cases—especially if the firearm was trafficked across state lines, stolen, or used in conjunction with drug or organized crime activity—potentially leading to even more serious penalties under U.S. Code Title 18.
Beyond incarceration, illegal firearm possession can have lifelong consequences. It can prevent someone from ever legally owning a gun again, disqualify them from certain jobs or licenses, and harm their credibility in family or immigration court proceedings. Even after serving a sentence, individuals may face significant barriers to reintegration because of their record. Florida does offer paths to restore firearm rights, but these processes are long, complex, and rarely successful without experienced legal help.
In summary, illegal possession of a firearm in Florida is not a minor matter—it’s a high-stakes offense with wide-ranging implications. Because enforcement is both proactive and unforgiving, it is vital for anyone at risk of being charged to understand their legal status and avoid situations where firearm possession may be questioned. If you are facing such charges or unsure of your rights, consulting a criminal defense attorney immediately is the most important step you can take.
Page updated
Google Sites
Report abuse