What happens when a Convicted Felon is caught in Possession of either a Weapon or Firearm in FL?

If you are a convicted felon and you are caught in possession of a concealed weapon or a firearm in Fl then you will face prosecution for a 2nd degree felony, punishable by up to 15 years in state prison.

The elements of the crime are simple: To be found guilty the State must prove that 1) You were convicted of a felony and that after that conviction 2) you knowingly “owned, had in your care, custody, possession or control” a firearm or a concealed weapon.

Because of the simplicity of the offense the issues that usually pop up surround the conviction and the issue of possession.

You do not need to be convicted of a felony in FL to violate F.S. 790.23; so long as the State can prove it in court, any felony conviction anywhere at anytime will suffice. In fact the crime could even have been a misdemeanor in the place where you were convicted but if FL would consider it a felony then it will suffice for purposes of your prosecution.

Possession can be actual (you are holding it or it is on your person) or it can be constructive (you are not in actual possession but the object is close enough to your person so as to be “within ready reach” and is “under your control”).

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
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