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Firearm Possession by a Convicted Felon

When a person is convicted of a felony in Florida, he or she loses several rights. Convicted felons cannot vote, serve on a jury, or hold public office until their civil rights have been restored.

Another civil right that convicted felons lose is the right to possess a firearm. When an individual with a felony conviction is accused of being in possession of a firearm, it is a felony offense that is punishable by a lengthy prison sentence and steep fines.

Lawyer for Firearm Possession by a Convicted Felon in Miami, FL

If you have been previously convicted of a felony offense and were recently arrested in South Florida for allegedly possessing a firearm or deadly weapon, it will be in your best interest to retain legal counsel as soon as possible. Hubbs Law aggressively defends clients accused of various weapons and firearm crimes in numerous communities in Miami-Dade County, including Homestead, Miami Gardens, Hialeah, Cutler Bay, Aventura, and many others.

Miami criminal defense attorney E.J. Hubbs is Board Certified by the Florida Bar in criminal trial law. Call (305) 615-5945 right now to take advantage of a free, confidential consultation that will let our lawyer review your case and answer all of your legal questions.


Miami-Dade County Possession of a Firearm by a Convicted Felon Information Center


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Firearm Possession by a Convicted Felon Charges in Florida

Under Florida Statute § 790.23, it is unlawful for any person to own or have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if he or she has been:

An important aspect of firearm or weapon possession by a felon cases is the type of alleged possession an individual is accused of. The specific form of possession not only impacts the alleged offender’s defenses, but it can also factor into sentencing if convicted.

The three types of possession in these cases include:


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Firearm Possession by a Convicted Felon Penalties in Miami

In general, violations of Florida Statute § 790.23 are second-degree felony offenses punishable by up to 15 years in prison and/or a fine of up to $10,000. Possession of a firearm by a convicted felon offenses are subject to numerous enhancements, however, that can lead to aggravated charges.

Under Florida Statute § 874.04, if a convicted felon possessed a firearm for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, it is a first-degree felony offense punishable by to up to 30 years in prison and/or $10,000 in fines. Certain repeat offenders can also face enhanced sentences if they are classified as any of the following:


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Florida Firearm Possession by a Convicted Felon Resources

Restoration of Civil Rights (RCR) | Clemency | Florida Commission on Offender Review — Visit this website to learn more about the RCR process in Florida. You can search for rights already restored and search for rights already restored, print certificates, and download an application and instructions for Restoration of Civil Rights or Firearm Authority. You can also read the "Rules of Executive Clemency" to find more information on the eligibility criteria for each form of clemency.

Little v State of Florida, Case No. 2D11-5098 (FL Dist. 2 Ct. App., Apr. 10, 2013) — On  April 10, 2013, the Florida Second District Court of Appeal granted Aaron A. Little’s petition for writ of prohibition after he was charged with second-degree murder with a firearm. Little argued that he was entitled to immunity from criminal prosecution under Florida Statute § 776.032(1), more commonly known as the "Stand Your Ground" law. The State argued that Little was not acting in self-defense and was also not entitled to immunity under the Stand Your Ground law because he was engaged in an unlawful activity as a felon in possession of a firearm. The circuit court originally sided with the state and denied Little’s motion to dismiss, but the Court of Appeal ruled that Little’s “use of deadly force was justified under the circumstances,” noting that “the legislature has elsewhere provided for the use of deadly force without these limitations; it has specified that the other statute is a separate and independent basis therefor; and it has directed us to construe these statutes strictly and to resolve ambiguities in favor the accused.”


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Hubbs Law | Miami Firearm Possession by a Convicted Felon Attorney

Were you arrested for illegal possession of a weapon or firearm in South Florida because you had been previously convicted of a felony offense? Do not say anything to authorities until you have contacted Hubbs Law.

E.J. Hubbs is a criminal defense lawyer in Miami who represents clients in Doral, Miami, Coral Gables, Palmetto Bay, Miami Beach, and many other towns, villages, and unincorporated areas in Miami-Dade County. He can provide an honest and thorough evaluation of your case as soon as you call (305) 615-5945 or complete an online contact form today.


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