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Illegal Possession of a Firearm in Florida


Illegally possessing a firearm in Florida is a serious criminal offense. However, exactly how much trouble an offender may find himself/herself in depends on which Florida firearm possession law was violated. Two of Florida’s most commonly charged firearm possession laws are outlined below, but please note that there are also a variety of other ways in which you can illegally possess a firearm under Florida law.

Possession of a Firearm by a Prohibited Person

In Florida there are several categories of people who are prohibited from possessing a firearm. According to section 790.23 of the Florida Statutes, it is unlawful for anyone who falls into one of the following categories to possess a firearm in Florida:

  • Anyone who has been convicted of a felony in Florida,
  • Anyone who has committed a delinquent act that would qualify as a felony if committed by an adult, and such a person is less than 24 years old,
  • Anyone who has been convicted of committing a felony offense against the United States,
  • Anyone who has been found to have committed a delinquent act in another state or country that would have been a felony offense if committed by an adult and which is punishable by imprisonment for a term exceeding one year, and such person is under 24 years of age, and
  • Anyone who has been found guilty of a felony offense in another state or country that was punishable by imprisonment for more than one year.

However, the Florida statute outlined above does not apply to convicted felons who have had their civil rights and firearm authority restored, nor does it apply to individuals who have had their criminal history records expunged. Additionally, it is important to note that other statutes prohibit additional groups of people (for example, individuals under 18 years old, drug addicts, mentally incompetent people, subjects of active domestic violence injunctions, etc.) from possessing firearms in Florida.

Illegally Carrying a Concealed Firearm

Under Florida law (Florida Statutes 790.01(2)) it is also illegal to knowingly possess a firearm on your person that is concealed from ordinary sight, provided that you do not possess a concealed weapons permit or are engaging in an exempted activity. In other words, it is illegal for anyone to carry a concealed firearm in Florida unless they have a valid concealed weapons permit or are engaging in an exempted activities (for example, they are a law enforcement or security officer who is authorized to carry a concealed weapon, are lawfully traveling to or from a fishing, camping, or hunting event, are traveling to or from a gun show, etc.)

Contact Us for Professional Help

If you’ve been charged with illegally possessing a firearm in Florida protect your legal rights and contact the Dade City firearms offenses attorneys of the Madonna Law Group. Our experienced criminal defense attorneys handle a wide variety of criminal cases and fight for our clients’ rights throughout Florida. Let us fight for you. To schedule a free initial consultation, contact our Dade City office by calling (800) 557-0411 or filling out our online contact form.



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