Felon in Possession of a Firearm

Being charged as a felon in possession of a firearm is one of the most serious legal challenges a former offender can face in Florida. The state enforces these laws aggressively because they are designed to protect public safety by restricting access to firearms for individuals with prior convictions. The penalties are severe, and a conviction can carry mandatory minimum sentences, substantial fines, and long-term consequences that extend beyond the immediate criminal punishment.

Even a single incident can have life-altering consequences. A traffic stop, a search of a home, or even a firearm left in a shared vehicle can result in a charge. Florida law does not treat these offenses lightly, and prosecutors often pursue enhancements that increase exposure to lengthy prison terms. A charge for being a felon in possession of a firearm requires an attorney with specialized knowledge of both firearms law and criminal defense strategy. At The Ishak Law Firm, attorney Monica Ishak brings years of experience to defending clients against these high-stakes allegations.

Felon in Possession: Florida Laws Explained

Florida Statute § 790.23 prohibits individuals who have been convicted of a felony from owning, possessing, or controlling a firearm. The law includes various provisions for different circumstances, but the core principle is clear: prior felony convictions create a lifelong restriction on firearm possession. This includes not only traditional firearms such as handguns or rifles but can also extend to destructive devices or other weapons classified under state law.

To convict someone under this statute, the state must prove three key elements:

1. The defendant has a prior felony conviction that is valid and not yet legally expunged or restored.
   
2. The defendant knowingly possessed or controlled the firearm.
   
3. The firearm was operable or capable of being used.

Each element must be proven beyond a reasonable doubt. This is why careful investigation and review of evidence are essential. Even small errors in the prosecution’s proof can create opportunities for dismissal or reduction of charges.

Firearm Possession Considerations

Florida law defines possession broadly. It includes physical possession, constructive possession, and situations where the firearm is within reach or under the control of the defendant. Constructive possession applies if the firearm is in a location over which the defendant has control, such as a home, a shared vehicle, or a property where the defendant regularly resides.

Understanding how possession is defined is critical because prosecutors often rely on circumstantial evidence. For example, finding a firearm in a vehicle that a defendant drives occasionally or in a residence shared with others can lead to a charge. The law considers whether the defendant had knowledge and control over the firearm, and proving this element is often central to the defense.

Actual Possession vs. Constructive Possession in Florida Felon in Possession Cases

In Florida, it is a felony offense for anyone with a prior felony conviction to possess a firearm, but the law makes an important distinction between actual possession and constructive possession. This distinction can determine whether a person faces a mandatory prison sentence or has stronger defenses available.

Actual possession occurs when the firearm is found directly on the person, such as in their hand, in their pocket, tucked into their waistband, or otherwise immediately within their reach and under their direct control. When the State proves actual possession, Florida law requires a three-year minimum mandatory prison sentence under Florida Statute § 775.087. Judges cannot impose a lighter sentence, even if the circumstances of the case suggest leniency.

Constructive possession, on the other hand, applies when the firearm is not physically on the individual but is located in a place where the person is alleged to know about it and have the ability to exercise control over it. Common examples include a firearm found in a jointly occupied vehicle, inside a shared home, or stored in a location such as a glove compartment or drawer. In constructive possession cases, prosecutors must prove both knowledge of the firearm’s presence and the ability to control it beyond a reasonable doubt. Because of this higher burden, constructive possession charges are often more defensible than cases of actual possession.

The difference between these two forms of possession is critical. Actual possession almost always leads to a mandatory three-year prison sentence, while constructive possession does not automatically trigger this penalty and may give the defense more opportunities to challenge the evidence. For anyone facing a felon in possession of a firearm charge in Florida, understanding how the State is attempting to prove possession can be the key to building a strong defense and avoiding the harshest consequences.

Sentencing and Penalties

A conviction for being a felon in possession of a firearm carries substantial penalties. Depending on the circumstances and any enhancements applied, penalties can include lengthy prison terms with mandatory minimums in certain situations, substantial fines that may reach tens of thousands of dollars, and the loss of civil rights, including the ability to possess firearms in the future, vote, or hold certain professional licenses.

Mandatory minimums can be triggered by prior criminal history, the type of firearm, or the presence of aggravating factors. For example, if the defendant is also charged with committing another felony at the same time, the court may apply concurrent or consecutive sentences that further increase incarceration time.

Sentencing Enhancements That Increase Risk

Florida law provides several enhancements that can substantially increase a defendant’s exposure in possession cases. These enhancements make careful legal strategy essential.

Habitual Felony Offender Designations

Under Florida Statute § 775.084, individuals with prior felony convictions may be designated as habitual felony offenders or violent career criminals. This designation allows the court to impose longer prison terms than the standard sentencing guidelines recommend. For defendants charged with firearm possession, habitual offender status can transform a sentence from a few years to decades in prison. The state must prove the prior convictions qualify under the statute, and these cases often require careful scrutiny of past records.

Firearm Enhancements and Other Aggravating Factors

Additional enhancements may apply if a firearm was used in connection with another offense, displayed in a threatening manner, or found during the commission of a crime. Florida’s 10-20-Life law, for example, imposes mandatory minimums for felonies involving firearms, and these rules may intersect with felon-in-possession charges in some circumstances. Enhancements may also apply if the firearm was stored in a location accessible to minors or near a school or park, as the state treats proximity to protected areas as an aggravating factor.

Federal Implications

Federal law also prohibits felons from possessing firearms. If federal authorities become involved, a defendant may face additional mandatory minimums and consecutive sentences that significantly exceed state penalties. Federal felon-in-possession charges are often pursued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and they carry their own complex procedural and evidentiary standards. A lawyer familiar with both state and federal law is essential to navigate these overlapping legal systems.

Common Defenses in Felon in Possession Cases

Defending against a felon in possession charge requires a tailored approach based on the facts of each case. Monica Ishak at The Ishak Law Firm focuses on identifying weaknesses in the prosecution’s evidence and leveraging them to protect clients.

Challenging the Prior Conviction

One of the most common defenses involves examining the prior felony conviction. If the conviction was overturned, expunged, or improperly classified, it may no longer support a felon-in-possession charge. Some prior offenses may not meet the statutory definition of a disqualifying felony. A detailed review of criminal records is often the first step in building a defense.

Contesting Possession

Possession is a required element of the crime, and challenging whether the defendant actually had control over the firearm is central. In cases of constructive possession, the defense may argue that the firearm belonged to another person or was stored in a way that the defendant did not have knowledge or control. Physical possession cases may involve challenges to law enforcement procedures, such as unlawful searches, illegal traffic stops, or improper seizure methods.

Fourth Amendment Challenges

Illegally obtained evidence can be suppressed. Searches conducted without probable cause or outside the scope of a warrant may violate constitutional protections. If key evidence, such as the firearm itself, is suppressed, the prosecution may be forced to reduce or dismiss the charges.

Mitigation and Alternative Resolutions

Even when evidence appears strong, mitigation strategies can influence the outcome. Monica Ishak works to gather evidence of rehabilitation, employment history, family responsibilities, and other personal factors that may encourage the prosecutor or judge to consider alternative resolutions. This could include plea agreements with reduced sentences or probation options when appropriate.

The Investigation Process

Felon-in-possession cases often begin with traffic stops, searches of residences, or law enforcement investigations connected to other offenses. Officers may discover firearms during unrelated stops or while executing search warrants. The state’s case will rely heavily on documentation, witness statements, and sometimes forensic testing if the firearm was used in another crime.

A strong defense involves early review of all investigative reports, identifying procedural errors, and assessing the credibility of witnesses. Timing is critical because early intervention allows the defense to file pretrial motions, challenge evidence, and set the stage for favorable outcomes.

Long-Term Consequences

A conviction for felon in possession of a firearm is permanent and carries long-term consequences. Beyond prison, fines, and court costs, the conviction may limit employment opportunities, restrict professional licensing, prevent future firearm ownership, and in some cases affect immigration status. The stigma of a felony conviction can also have social and financial repercussions for many years.

Effective legal defense considers not only the immediate risk of incarceration but also these collateral consequences. Early intervention and careful strategy are essential to minimizing long-term harm.

The Ishak Law Firm’s Approach

At The Ishak Law Firm, every felon-in-possession case is approached with meticulous attention to detail. Monica Ishak begins with a full review of the facts, including prior convictions, law enforcement procedures, evidence collection, and statutory definitions. She identifies potential challenges to the prosecution’s case and evaluates whether sentencing enhancements are legally justified.

The firm combines thorough investigation with local knowledge of Palm Beach County courts, judges, and prosecutors. This insight allows for strategic decisions about when to litigate motions, when to negotiate, and how to present mitigating factors most effectively. Preparation for trial is always part of the strategy, ensuring that clients are in the strongest possible position to achieve a favorable outcome.

Make The First Move Toward Peace of Mind

If you or a loved one is facing a charge for being a felon in possession of a firearm in Palm Beach County, you need immediate and experienced legal support. The consequences are severe, and sentencing enhancements can multiply the potential prison time. Attorney Monica Ishak provides dedicated and personalized defense for felon-in-possession cases. Call today to schedule a confidential consultation. Protect your rights, safeguard your future, and ensure that your case receives the attention and expertise it deserves.