The Charge
Section 790.23 makes it a second-degree felony, punishable by up to fifteen years, for a person with a felony conviction to own or to have in their care, custody, possession, or control any firearm, ammunition, or electric weapon. It applies to a Florida felony or a felony from any other jurisdiction, and it stays in force unless and until firearm rights have been formally restored. The same bar reaches people adjudicated delinquent of what would have been a felony, under the conditions the statute sets. It is one of the most commonly charged serious gun crimes in Florida, and it carries more than its fifteen-year ceiling.
The Three-Year Minimum
On top of the second-degree-felony exposure, 10-20-Life reaches this charge. Under section 775.087, a person convicted of possession of a firearm by a felon who was in actual possession of the firearm faces a three-year mandatory minimum, served day for day. And where the person has a prior conviction for a qualifying violent felony during which they were in actual possession of a firearm, that minimum jumps to ten years. That distinction matters, because the minimum turns on actual possession as the statute narrowly defines it, not on the broader constructive possession that can support the underlying charge.
Actual Versus Constructive Possession
Most felon-in-possession cases are fought on possession, because the gun is so often not on the person. Where the firearm is found on the defendant, that is actual possession. Where it is found in a shared car, a shared home, or a space several people could reach, the State leans on constructive possession and must prove that the accused knew the firearm was present and had the ability to control it. Mere presence near a gun in a shared space is not enough. This gap matters twice over: it can defeat the conviction itself, and even where it does not, the narrower actual-possession definition can defeat the three-year minimum that rides on the charge.
What Counts as a Firearm, and the Antique Exception
The statute reaches a firearm as Florida law defines it, and that definition carries an exception worth knowing. Antique firearms are treated differently, and a weapon that falls within the antique-firearm definition can take a possession charge outside the statute. The operability and classification of the specific weapon, whether it is a working firearm, an antique, or something that does not meet the statutory definition at all, are details the defense examines rather than assumes.
One Incident, One Conviction
Because section 790.23 bars possession of any firearm, ammunition, or electric weapon, prosecutors sometimes try to charge separate counts for the gun and the ammunition found with it. Florida courts have held that the statute’s use of the word any means a single act of possession supports only one conviction, so charging both the firearm and its ammunition from the same incident as separate counts violates double jeopardy. See Ellis v. State, No. 5D2024-2053 (Fla. 5th DCA 2025). Catching that kind of overcharging early can cut a case down before it grows.
Restoring Firearm Rights
A person whose civil and firearm rights have been restored is not barred by section 790.23, but restoration is neither automatic nor quick. It runs through Florida’s clemency process and is discretionary, and a separate federal layer means that even restored state rights may not lift the federal bar under 18 U.S.C. 922(g). Sorting out a person’s actual status, and whether a prior conviction even qualifies as a disqualifying felony, is part of the early work on one of these cases.
How a Felon-in-Possession Case Is Fought
The defense works several fronts at once: whether the search that produced the firearm was lawful, on the search and seizure page; whether the State can prove possession at all in a shared space; whether the narrower actual-possession definition defeats the three-year minimum; whether the weapon meets the statutory definition or falls within the antique exception; and whether the prior conviction truly disqualifies. A charge that looks automatic on the arrest report is often anything but.
Related: Weapons charges overview, 10-20-Life mandatory minimums, Challenging the firearm evidence, and Challenging a search or stop.
I started as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am one of six ACS-CHAL Forensic Lawyer-Scientists in the state. A gun case is rarely as airtight as the arrest report makes it sound, and the gaps are where the defense lives. Learn more about my background.
Common Questions
What is the penalty for felon in possession of a firearm in Florida?
Possession of a firearm, ammunition, or an electric weapon by a person with a felony conviction is a second-degree felony under section 790.23, punishable by up to fifteen years. It can also carry a three-year mandatory minimum under 10-20-Life when the person was in actual possession of the firearm, and that minimum rises to ten years with a qualifying prior.
The gun was not mine. Can I still be convicted?
Only if the State can prove constructive possession, which is where many of these cases turn. When a firearm is found in a shared car or home, the State cannot infer it was yours from your mere presence. It has to prove you knew the gun was there and could control it, and without that proof the charge may not hold.
Does the three-year minimum always apply?
No. The three-year minimum under 10-20-Life turns on actual possession as the statute narrowly defines it, which is stricter than the constructive possession that can support the underlying charge. A case built on a gun that was nearby rather than on the person can defeat the minimum even if the conviction stands.
Is an antique firearm treated the same way?
Not necessarily. Florida law treats antique firearms differently, and a weapon that falls within the antique-firearm definition can take a possession charge outside section 790.23. Whether the specific weapon is a working firearm, an antique, or something that does not meet the statutory definition is worth examining rather than assuming.
Can I get my firearm rights restored after a felony?
In limited circumstances. Restoration runs through Florida's clemency process and is discretionary and slow, and even restored state rights may not lift the separate federal bar under 18 U.S.C. 922(g). Confirming your actual status, and whether a prior conviction even qualifies as a disqualifying felony, is an important early step.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Firearm law in Florida is changing, so confirm how the current rule applies to your facts with counsel. Every case is different, and past results do not guarantee a similar outcome.
