Possession of a Firearm by a Convicted Felon: Bond Challenges

QuickBail Team The QuickBail editorial team — licensed bail bond professionals serving all 67 Florida counties, available 24/7 at (941) 477-6888.

Published on: May 17, 2026

Of all the charges that generate complicated bond hearings in Florida courtrooms, possession of a firearm by a convicted felon consistently ranks near the top. The charge sits at the intersection of gun control policy, public safety concerns, and the defendant's constitutional right to pretrial release. Judges treat this charge with particular gravity because of what it implies: a person who has already been convicted of a serious crime has armed themselves again, and the court must decide whether releasing that person back into the community pending trial presents an acceptable risk.

During my years writing bail bonds, I handled dozens of 790.23 cases. The bond amounts varied wildly depending on the county, the judge, and the underlying felony record. I saw bonds as low as $10,000 for a defendant whose prior conviction was a non-violent drug offense from 20 years earlier, and bonds exceeding $150,000 for defendants whose records included violent crimes. In several cases, judges denied bond altogether after the State Attorney successfully argued at an Arthur Hearing that no conditions of release could adequately protect the community. For families trying to bond someone out on this charge, the first step is understanding exactly what they are up against.

The Legal Framework: Florida Statute 790.23

Florida Statute 790.23 makes it illegal for any person convicted of a felony to own or possess a firearm, ammunition, or an electric weapon or device. The statute does not distinguish between violent and non-violent prior felonies. A person convicted of grand theft (a property crime), possession of cocaine (a drug crime), or aggravated battery (a violent crime) is equally prohibited from possessing a firearm under state law.

The charge is classified as a second-degree felony, punishable by up to 15 years in Florida State Prison and a $10,000 fine. When the prior conviction was for one of the enumerated offenses in Florida's "violent career criminal" statute, or when the defendant has three or more prior felony convictions, the charge can be enhanced, exposing the defendant to significantly longer sentences.

How the Charge Typically Arises

Felon in possession charges rarely arise in isolation. The most common scenarios involve:

• Traffic stops: An officer pulls over a vehicle for a traffic violation, discovers the driver has a prior felony record, and then locates a firearm in the vehicle during a consent search, probable cause search, or inventory search incident to arrest on another charge.
• Drug investigations: Search warrants executed on residences suspected of drug activity frequently turn up firearms. When the resident is a convicted felon, the firearm charge is added on top of the drug charges.
• Domestic violence calls: Officers responding to a domestic disturbance may observe firearms in plain view or discover them during a protective sweep of the residence. If either party has a felony record, the firearms charge follows.
• Probation or parole visits: Probation officers conducting home checks may discover firearms in the residence of a supervised felon, triggering both a violation of probation and a new criminal charge.
• Concealed carry stops: A person carrying a concealed weapon who presents identification revealing a felony record faces both the concealed carry charge and the felon in possession charge.

Bond Setting and the First Appearance Problem

At First Appearance, the judge evaluates the standard factors under Florida Rule of Criminal Procedure 3.131: the nature of the offense, the weight of the evidence, the defendant's criminal history, ties to the community, employment status, and the risk of flight or danger to the community. For felon in possession charges, the "danger to the community" factor dominates the analysis.

The judge's reasoning typically centers on the following logic: the defendant has already demonstrated a willingness to violate the law (the prior felony conviction), and by possessing a firearm in violation of a clear statutory prohibition, has demonstrated a continued disregard for legal constraints. If the defendant is released on bond and obtains another firearm, the risk to public safety is obvious. This reasoning leads many judges to set bonds well above the amounts they would set for other second-degree felonies of comparable severity.

The Arthur Hearing Risk

For defendants whose prior felony was a violent offense, or whose current arrest involves multiple charges including violence, the State Attorney may seek a "no bond" hold and request an Arthur Hearing. Named after the Florida Supreme Court case Arthur v. State, this proceeding requires the prosecution to demonstrate that the proof of guilt is evident or the presumption is great, and that no conditions of release can reasonably ensure the defendant's appearance at trial or protect the community.

If the State meets this burden, the judge can deny bond entirely, meaning the defendant remains in custody for the duration of the case. Arthur Hearings are adversarial proceedings where the defense has the right to cross-examine witnesses and present evidence, but the burden of proof is on the State. In felon in possession cases, the State's argument is often strong because the elements are straightforward: is the defendant a convicted felon (provable through court records), and was a firearm found in their possession (provable through physical evidence and officer testimony)?

Defense Strategies for Securing Bond

Challenging Constructive Possession

One of the most effective defense arguments at the bond stage is challenging whether the defendant actually "possessed" the firearm. Florida law recognizes two types of possession: actual possession (the firearm was on the defendant's person or within immediate reach) and constructive possession (the firearm was in a location the defendant had knowledge of and the ability to control). In cases where the firearm was found in a shared vehicle, a multi-occupant residence, or a workplace, the defense can argue that the State cannot establish exclusive constructive possession, weakening the "proof is evident" standard required for a no-bond hold.

Mitigating the Prior Record

The nature and age of the prior felony conviction matters significantly in the bond argument. A defendant whose only prior is a 15-year-old drug possession conviction that resulted in probation presents a very different risk profile than a defendant with multiple violent felonies within the past five years. Defense attorneys who bring documentation showing that the prior conviction was non-violent, distant in time, and followed by years of law-abiding behavior can move judges toward setting a bond rather than ordering a no-bond hold.

Presenting Release Conditions

Defense counsel can propose specific release conditions designed to address the judge's safety concerns. These may include house arrest with GPS ankle monitoring, daily check-ins with pretrial services, a prohibition on possessing any weapons, random home inspections by pretrial officers, and forfeit of any firearms-related licenses or permits. By presenting a comprehensive supervision plan, the defense can argue that the community's safety can be adequately protected without pretrial detention.

The Federal Dimension

Families should be aware that felon in possession of a firearm cases frequently trigger federal interest. Federal law under 18 U.S.C. 922(g) independently prohibits convicted felons from possessing firearms, and federal sentencing guidelines are often harsher than Florida's state penalties. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) routinely reviews state-level felon in possession arrests and can choose to adopt the case into the federal system.

If the case is adopted federally, the defendant faces a separate federal bond hearing before a U.S. Magistrate Judge. Federal bond proceedings operate under different rules (the Bail Reform Act of 1984), and federal judges can detain defendants pending trial based on a finding of dangerousness to the community, with no option for monetary bail. In practice, federal adoption of a felon in possession case almost always results in pretrial detention because the combination of a prior felony and current firearm possession triggers a rebuttable presumption of dangerousness under the federal statute.

Collateral Consequences of Pretrial Detention

Defendants who are unable to secure bond on a felon in possession charge face all the cascading consequences of extended pretrial incarceration: job loss, housing instability, inability to support dependents, and disruption of any substance abuse or mental health treatment they were receiving in the community. These consequences are particularly severe in Florida, where felony cases routinely take 6 to 18 months to resolve. A defendant held without bond for a year on a charge that ultimately results in a probationary sentence has already served more time than the court would have imposed.

This reality underscores the importance of aggressive bond advocacy at the earliest possible stage. Having a retained defense attorney at First Appearance, rather than relying on the public defender who may be handling 30 other cases on the same docket, can make the difference between a $25,000 bond and a no-bond hold. For families, the cost of retaining a private attorney for the bond hearing is often repaid many times over through the avoided costs of extended pretrial detention.

Frequently Asked Questions

Does "possession" include ammunition only, without a firearm?

Yes. Florida Statute 790.23 explicitly includes ammunition in its prohibition. A convicted felon found in possession of ammunition, even without a firearm, can be charged under this statute. The charge carries the same classification (second-degree felony) and the same potential penalties. In practice, ammunition-only cases are less common than combined firearm-and-ammunition cases, and judges tend to set somewhat lower bonds for ammunition-only possession because the perceived danger is lower. However, the charge remains serious, and the defendant's prior record still drives the bond determination.

What if the firearm belonged to someone else in the household?

This is one of the most common defense arguments and a frequent source of confusion for families. Florida law does not require that the felon own the firearm. If a convicted felon lives in a home where another person legally owns firearms, the felon can be charged with constructive possession if the State can prove the felon knew about the firearms and had the ability to exercise control over them. A firearm stored in a locked safe controlled exclusively by the non-felon partner presents a much weaker constructive possession case than a firearm left on a nightstand in the shared bedroom. Defense attorneys handling these cases at the bond stage focus on establishing that the firearm belonged to another household member and was stored in a manner that did not give the felon dominion and control.

Can a felon in possession charge be reduced to a misdemeanor?

No. Florida Statute 790.23 is classified as a second-degree felony with no misdemeanor reduction provision. Unlike some drug possession charges that allow for withhold of adjudication or diversion into treatment programs, felon in possession of a firearm does not have a statutory pathway to reduction. Defense attorneys may negotiate plea deals that result in reduced sentences or probation rather than prison, but the charge itself remains a felony. This classification is important for bond purposes because it means the charge will remain on the felony docket throughout the case, with all the associated bond conditions and court requirements that felony charges entail.