Category: Criminal Offenses · Statute: F.S. 790.23 · Source: Florida Legislature
Understanding Possession of Firearm by Convicted Felon 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 applies not only to those convicted of felonies in Florida courts, but also to individuals with qualifying out-of-state felony convictions or federal convictions. In Florida, "possession" can be established through actual physical possession or "constructive possession," which means the firearm was in a place over which the individual had dominion and control, and they had knowledge of its presence.
This offense is classified as a second-degree felony, carrying a maximum penalty of up to 15 years in state prison and a fine of up to $10,000. Under Florida’s Criminal Punishment Code, a conviction for this offense carries a high offense severity level ranking, which often results in a recommended state prison sentence even for individuals with minimal prior criminal history. Furthermore, if the individual is found to have been in actual physical possession of the firearm, rather than constructive possession, Florida law imposes a mandatory minimum prison sentence of three years.
Bail and Pretrial Release for Felon in Possession Charges
Securing pretrial release for this charge can be highly challenging. Because the offense involves a firearm and a defendant with a prior felony record, judges frequently view the accused as a potential threat to public safety. Consequently, the court may set a high bail amount or impose strict pretrial release conditions, such as mandatory GPS monitoring or a complete prohibition on possessing any weapons. In some cases, if the state files a motion for pretrial detention, the defendant may be held without bond pending a specialized hearing.
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