Guns & Weapons

What is the minimum sentence for felon in possession?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It's a second-degree felony, and the sentencing framework frequently points toward prison — but the specifics depend on provisions Chris needs to confirm.

Second-degree felony exposure runs to fifteen years. What actually drives the sentence in these cases is usually the surrounding framework rather than the maximum.

Three things commonly in play. Florida's Criminal Punishment Code scoresheet, which for firearm possession by a felon frequently produces a recommended prison sentence absent substantial mitigation. Enhancement provisions where a firearm was involved in another offense. And probation consequences — a firearm possession charge while on probation will generally trigger a violation, which carries its own exposure independent of the new case.

Where the defense work happens: the knowledge and control elements, the validity and characterization of the prior conviction, the lawfulness of the search that found the firearm, and whether the item meets the statutory definition of a firearm.

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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.