Fla. Stat. § 790.23
Felon in Possession
of a Firearm
For someone with a felony record, simply being near a firearm can be a new felony with a mandatory minimum. Here is how "possession" is defined and defended.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What the Statute Prohibits
Under § 790.23, it is a felony for a person convicted of a felony to own or have in their care, custody, or control any firearm, ammunition, or electric weapon. This applies whether the possession is actual (on your person) or constructive (in a place you control, knowing it’s there).
The Governing Statute
Fla. Stat. § 790.23 — Felons in Possession of Firearms
"It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm … if that person has been convicted of a felony."
Read the full statute on Online Sunshine →
Constructive possession is where many of these cases are fought — a firearm in a shared home or vehicle can lead to a charge even if it wasn’t yours.
The Actual Penalties
Felon in Possession — Statutory Penalties
Second-degree felony: up to 15 years in prison, up to $10,000 fine.
Mandatory minimum: A 3-year minimum applies to actual possession of a firearm under Florida’s 10-20-Life framework.
Separate, more severe federal charges may also apply.
Mandatory minimum: A 3-year minimum applies to actual possession of a firearm under Florida’s 10-20-Life framework.
Separate, more severe federal charges may also apply.
What a Defense Attorney Looks For
- Possession. In constructive-possession cases, whether you knew about and controlled the firearm is often the weakest link.
- The search. An unlawful search can suppress the firearm entirely.
- Restoration of rights. Whether civil/firearm rights had been restored.
- Whether the prior conviction qualifies under the statute.
Frequently Asked Questions
Can a convicted felon ever possess a firearm in Florida?
Generally no, unless firearm rights have been restored through the clemency process. Under § 790.23, possession by a convicted felon is a second-degree felony, and restoration is a separate, formal process.
What is constructive possession of a firearm in Florida?
Constructive possession means the firearm was not on your person but in a place you controlled and knew about — like a shared vehicle or home. The State must prove both knowledge and control.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 790.23 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.