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Felon in Possession of a Firearm in Florida

How Florida law treats felon in possession of a firearm: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A person convicted of a felony in Florida, federally or (for crimes punishable by more than a year) in another state, or adjudicated delinquent for a felony-level act while under 24, may not own or possess a firearm, ammunition or electric weapon or carry a concealed weapon. Fla. Stat. §§ 790.23, 775.087(2)(a)1.

Felon in possession of a firearmA person convicted of a felony in Florida, federally or (for crimes punishable by more than a year) in another state, or adjudicated delinquent for a felony-level act while under 24, may not own or possess a firearm, ammunition or electric weapon or carry a concealed weapon. Violation is a second-degree felony (up to 15 years), or first degree for people who qualify for criminal gang enhancements. Actually possessing a firearm carries a 3-year mandatory minimum, or 10 years if the person possessed a firearm during a prior listed violent felony. The ban does not apply once civil rights and firearm authority have been restored or the record has been expunged.
Minimum: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html . Penalties (Fla. Stat. §§ 775.082, 775.083, from the existing state record): life felony up to life and $15,000; first-degree felony up to 30 years and $10,000; second-degree felony up to 15 years and $10,000; third-degree felony up to 5 years and $5,000; first-degree misdemeanor up to 1 year and $1,000; second-degree misdemeanor up to 60 days and $500.

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FAQ

Can a felon own a gun in Florida?
A person convicted of a felony in Florida, federally or (for crimes punishable by more than a year) in another state, or adjudicated delinquent for a felony-level act while under 24, may not own or possess a firearm, ammunition or electric weapon or carry a concealed weapon. Violation is a second-degree felony (up to 15 years), or first degree for people who qualify for criminal gang enhancements. Actually possessing a firearm carries a 3-year mandatory minimum, or 10 years if the person possessed a firearm during a prior listed violent felony. The ban does not apply once civil rights and firearm authority have been restored or the record has been expunged.
Can I get a court-appointed lawyer for felon in possession of a firearm in Florida?
Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52
How much does a lawyer for felon in possession of a firearm cost in Florida?
Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for felon in possession of a firearm in Florida?
How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.
Can a conviction for felon in possession of a firearm be removed from my record in Florida?
Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.