Possession of a Firearm by a Convicted Felon in Daytona Beach

Defense Attorney Serving Daytona Beach & DeLand

Owning or possessing a firearm is a right that many would argue is an essential part of American culture. However, if you have been convicted of a felony, you lose your right to own or possess a firearm. If you are later arrested and found to be in possession of a gun, you could face felony charges and potentially serious penalties under Florida Statute 790.23. This statute also prohibits convicted felons from owning electric weapons, ammunition, and concealed weapons.

There are many situations where you can find yourself with a firearm or weapon, and these charges are complex. If you have been arrested or accused, contact Thompson Law, P.A. as soon as possible. Do not answer police questioning without having an attorney present. Instead, call our firm at (386) 280-4977 to schedule your free consultation. We are always available to answer your call. 

The Definition of a Firearm in Florida

A “firearm” is any weapon, including a starter gun, which is designed to or can be readily converted to expel a projectile by the action of an explosive. A convicted felon also cannot own ammunition, defined as a fixed hull or casing containing a primer, one or more projectiles, bullets, shot, or gunpowder. Convicted felons are also prohibited from owning concealed weapons, which applies to a wide variety of weapons, including knives, dirks, and metallic knuckles. When the weapon is hidden so that a casual observer would not be able to see it, it is considered concealed.

Note that in all instances the firearm, ammunition, or concealed weapon does not need to be in use for it to be a violation of the law. Even if the weapon is being used for a legal purpose, such as hunting, being in possession of the weapon as a convicted felon can result in a criminal charge. The firearm also does not need to be an illegally obtained weapon and it could have legally belonged to you or your family before the commission of the original felony. Once you are considered a felon, any and all firearms are prohibited.

Potential Punishments for Firearm Possession by a Convicted Felon

Possession of a firearm or concealed weapon by a convicted felon is a second-degree felony. If you have previously qualified or currently qualify for penalty enhancements, the offense is a first-degree felony.

Convictions come with the following penalties: 

• Second-degree felony – Punishable by up to 15 years in jail, 15 years of probation, and a fine of $15,000
• First-degree felony – Punishable by up to life imprisonment and a fine of $15,000

The Thompson Law, P.A. Approach

Our firm works tirelessly to protect your record to prevent you from ever having your rights stripped from you. If you’re facing a charge as a convicted felon, hiring a lawyer is important to protect your rights, future, and freedom. When you retain Attorney Matt Thompson, you can be certain that you are hiring an experienced professional who will fight diligently on your behalf. 

Attorney Thompson has gone to jury trials in Volusia County; on a charge of this complexity, he has the knowledge necessary to defend you. With all of our criminal cases, our first step is to discuss the case with our client and get his or her account of the incident. This allows us to make a determination of the unique circumstances of your matter and decide what course of action is going to result in the best possible outcome for you. When it comes to clients who have prior criminal charges, having an attorney who is experienced at negotiation and advocacy is essential to creating your defense. As a former prosecutor, Attorney Thompson knows how to speak with the State and get you the results that you need. 

If you are facing a serious charge, do not hesitate to contact us for your free case evaluation. We have two convenient office locations in Downtown DeLand and Daytona Beach.