Category: Criminal Offenses · Statute: F.S. 790.23 · Source: Florida Legislature
Understanding Felon in Possession of a Firearm in Florida
Under Florida Statute Section 790.23, it is unlawful for any person convicted of a felony to own, possess, or control any firearm, ammunition, electric weapon or device, or chemical weapon. This prohibition also applies to individuals who committed delinquent acts as juveniles that would have been felonies if committed by an adult, provided they are under 24 years of age. To secure a conviction, Florida prosecutors must prove two distinct elements: the defendant had a prior felony conviction (or qualifying delinquent act) and subsequently possessed the firearm or ammunition.
Florida courts recognize two types of possession under this statute: actual and constructive. Actual possession means the firearm was on the defendant's person, such as in their hand or pocket. Constructive possession is more complex, occurring when the firearm is not on the person but is in a place over which the defendant has dominion and control, such as a vehicle glove compartment or a shared residence, provided the defendant knew of its presence. Because of the broad legal definition of possession, individuals can face this serious charge even if they were not actively carrying or using a weapon at the time of their arrest.
Bail and Pretrial Release for Firearm Possession Charges
In Florida, a charge under F.S. 790.23 significantly impacts pretrial release. Because the offense involves a firearm, judges often view the defendant as a potential threat to public safety, which can lead to higher bail amounts or the imposition of strict supervised release conditions, such as GPS monitoring. Furthermore, if the defendant was on probation or parole at the time of the arrest, they will likely face a probation violation warrant, which typically results in being held without bond until the court addresses the violation.