Guns & Weapons

What is possession of a firearm by a convicted felon?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A second-degree felony under § 790.23 — and it reaches ammunition and constructive possession, not just a gun in your hand.

Section 790.23 makes it unlawful for a person convicted of a felony to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon, or to carry a concealed weapon. It's a second-degree felony.

Two features make this broader than people expect.

Ammunition counts. A single round in a drawer can support the charge without any firearm present.

Constructive possession applies. The firearm doesn't have to be on you. If it was in a place you controlled and knew about — a shared vehicle, a shared home — the State can proceed. It must prove both knowledge and control, which is where these cases are fought.

The prohibition covers Florida felonies, certain delinquency findings, and out-of-state and federal convictions.

Antique firearms manufactured before 1918 are excluded by statutory definition, which is a narrow but real defense in specific cases.

A shared house or a shared car is where most of these cases live. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.