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Possession of a Firearm by a Convicted Felon

Owning or possessing a firearm is a right that most people would argue is an essential part of American culture. However, if you have been convicted of a felony, the right to own or possess a firearm is taken away. If you are caught to own or possess a firearm, you could face felony charges under statute 790.23. The statute also prohibits convicted felons from owning electric weapons, ammunition, and concealed weapons.

What is a Firearm?

A “firearm” is any weapon, including a starter gun, which is design 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, or shot, or gunpowder. Concealed weapons are also prohibited. A concealed weapon applies to a wide variety of weapons, including knives, dirks, or metallic knuckles. When the weapon is hidden so that a casual observer would not be able to see it, the weapon is a concealed weapon.

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 can result in a criminal charge. The firearm also does not need to be an illegally obtain weapon. The firearm could have legally belonged to you before the commission of the original felony, but once you are considered a felon, any and all firearms are prohibited.

What is the Punishment?

Possession of a Firearm or Concealed Weapon by a Convicted Felony is a second degree felony. If you have previously qualified or currently qualify for penalty enhancements, the offense is a first degree felony.

  • 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 Approach

Thompson Law 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 felony already, hiring an attorney is an important decision to make. When you hire Matt Thompson as your attorney, you can be certain that you are hiring an experienced attorney who will fight diligently on your behalf. Attorney Matt Thompson has gone to jury trials in DeLand, Volusia County, on this charge and has the knowledge necessary to defend you in this action. 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 case 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, Matt 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 call us for your free case evaluation.

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"Great lawyer Matt Thompson runs a small local law firm, which has minimal staff; however, don't be fooled this is on purpose. Matt is very professional courteous, and knows the law inside and out. He is a great person to have in your corner. He is very personalized in individual attention to his clients and their struggles. Matt Thompson is a champion for the peoples rights. I couldn't have had a better lawyer during my time of need, and I highly recommend him for all issues involving the law." Aaron
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