What is possession of a firearm by a convicted felon?
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. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
