Last updated November 2025
Florida takes firearm laws seriously — especially for anyone with a prior conviction. Under Florida Statute §790.23, it’s illegal for a convicted felon to possess, control, or own a firearm, ammunition, or even certain weapons like tasers or electric devices.
A single possession charge can result in mandatory prison time, but several defenses may apply if your rights were violated or your conviction status is misclassified.
⚖️ Understanding Florida’s Firearm Restrictions
The law applies to anyone who has been convicted of a felony or adjudicated delinquent for an offense that would be a felony if committed by an adult. The State must prove:
1️⃣ You were legally classified as a convicted felon;
2️⃣ You knowingly possessed, owned, or controlled a firearm; and
3️⃣ You were aware of your restricted status.
Florida courts have clarified that “possession” includes both actual and constructive control — meaning even a gun found in a car or home could lead to charges.
If you were previously convicted but later had your rights restored, your attorney can challenge whether §790.23 actually applies. Learn how that argument has worked in other serious cases in Burglary with Assault or Battery in Florida: What It Means & How to Defend It.
🚨 Penalties for Possession After Conviction
Possession of a firearm by a felon is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Under Florida’s “10-20-Life” law, mandatory minimums apply when a gun is used during another felony.
A conviction also permanently bars you from future firearm ownership and complicates federal background checks.
To see how related offenses are treated, review Assault in Florida: How the Law Defines and Punishes It — many aggravated cases involve firearm enhancements under the same statute.
🧠 Defenses That Work
A strong firearm defense begins with the facts. Common strategies include:
Lack of possession: You didn’t know the gun was there, or it wasn’t yours.
Illegal search or seizure: The weapon was discovered through an unconstitutional stop or search.
Restoration of rights: Your civil rights (including firearm ownership) were reinstated by clemency or pardon.
No knowledge of status: You were unaware of your classification as a convicted felon.
An experienced Fort Lauderdale criminal defense attorney will verify every element and examine whether law enforcement lawfully obtained the weapon.
🔗 Related Legal Issues & Record Protection
Felony firearm cases often overlap with probation violations and search warrant challenges. If your case is resolved favorably, you may later qualify for partial record relief under Fort Lauderdale Record Sealing & Expungement.
Florida Felon Firearm Rights: Frequently Asked Questions
1. Can I own a firearm after a felony conviction in Florida?
No, unless your rights have been formally restored through clemency or pardon.
2. What if I was found with a firearm that belongs to someone else?
If you had no control or knowledge of it, your lawyer can argue lack of possession.
3. Can I restore my gun rights in Florida?
Yes — through clemency, pardon, or other state-approved restoration processes.
4. What if my prior conviction was out of state?
Out-of-state felonies still apply unless your rights were restored in that jurisdiction.
5. What’s the penalty for firearm possession after conviction?
A second-degree felony: up to 15 years in prison, $10,000 fine, and permanent loss of firearm rights.
💬 Contact a Florida Firearm Possession Defense Attorney Today
If you’re accused of possessing a firearm after a conviction, act fast.
Contact Michael White, P.A. today for a free consultation with a former prosecutor who defends firearm, violent-crime, and post-conviction cases across Broward County.