A hand gun and some bullets and ammunition sit on a table in a South Florida Home If someone was previously convicted of a felony, and then they are charged with possessing a Firearm or Ammo; it can certainly cause tremendous stress. You might fear the possibility of going back to prison. 

If you are on the lookout for a seasoned weapon crimes attorney for your current charge, look no further. Rossen Law Firm has the most qualified defense attorneys and team to fight for your rights and to get you a great result on your Florida criminal weapons charge. Call today to learn more about firearm or ammo possession by a convicted felon in South Florida.

What is a Firearm Possession by Convicted Felon Crime?

If someone was convicted of a felony in the past, it is against the law in this state for them to be in possession of a firearm or ammo. 

According to state law, the crime of Possession of a Firearm by a Convicted Felon occurs when someone previously convicted of a felony crime knowingly carries, controls, possesses, or owns a firearm.

Learn more on our weapons crime page or by contacting an expert Fort Lauderdale attorney at our firm.


The consequences of the crime of firearm possession by a convicted felon are extremely harsh and serious because the primary function of the prison system in Florida is punishment – not rehabilitation – for people who break the law.

If you are suspected of breaking Fort Lauderdale law again, the State Attorney’s office will prosecute you to the fullest extent and attempt to have you labeled as a permanent ‘criminal’ who is unable to be rehabilitated. That is why it is incredibly crucial you hire a skilled South Florida attorney if you are a convicted felon and face charges related to firearm or ammo possession. 

The crime of firearm possession by a convicted felon is a second-degree felony. A second-degree felony carries consequences of up to 15 years in prison and fines of up to $10,000. 

Florida law prohibits individuals from being in actual or constructive possession of a firearm when you are a convicted felon.

Actual Possession of a Firearm:

Many people associate gun possession as the definition of actual possession when actually there are different types of having ownership over something.

  • Actual possession is defined as having physical and direct contact or control of an object (in this case a firearm). 
  • Examples of actual possession include having the firearm in your hand or ammunition in your pocket. 
  • Consequences of a firearm or ammo in actual possession by a convicted include a 2-year minimum mandatory prison sentence.

Constructive Possession of a Firearm:

Constructive possession is a lot more complicated because certain elements need to be proven prior to finding a defendant guilty of constructive possession. 

  • Constructive possession is defined as a defendant’s knowledge of the firearm and their ability to have control over the gun despite not being in close proximity.
  • Examples of constructive possession include storing a firearm in the trunk of your car or ammunition boxes in your bedside drawers. 
  • There are no mandatory minimum prison sentences for those charged with constructive possession. 


South Florida Arrest Survival booklet is held in someone's hands. If you click the image you will be taken to a webpage to download the South Florida arrest booklet, written by Fort Lauderdale Criminal Defense AttorneysIf you were previously convicted of a felony and were charged with the crime of firearm or ammo possession it is time to stop what you are doing and call the Rossen Law Firm for help immediately.

We have a tremendous amount of experience for all types of criminal Florida weapon charges and we have mastered the defense of all of them. We can guarantee you that we will work as hard as we can to get you the best result possible for your case.

When you call us, we will listen to your story without judgement, answer any and all questions that we know you will have, and discuss our plan of action to achieve an amazing outcome for your case. We know your freedom is the most important thing to you and we are equipped with compelling defenses to win your case for you. 

Firearm or Ammo Possession by Convicted Felon Defenses 

  • Lack of Knowledge: In order for an individual to be charged with the crime of firearm possession while a formerly convicted felon, the State must prove that you knowingly owned, or had in your care, possession or control, a firearm, or ammunition. Without that proof, the defense of lack of knowledge can be used and serve as a complete defense to the crime of fire possession by a convicted felon. For example, if you had no knowledge that the firearm was in your possession after you allowed your co-worker to borrow your car. If your co-worker accidentally left it in your car and you had no knowledge of the presence of the firearm, this defense might defeat the charges.

Firearm or Ammo Possession by Convicted Felon Criminal Defense Strategy Session 

We handle many criminal weapon crime cases of all types in South Florida, including the charge of firearm possession by a convicted felon.

We know how to protect your rights using personalized and strategic defense mechanisms to win your criminal charges. 

Instead of consultations, we offer FREE strategy sessions so you can see the strategic defense strategies for yourself. 


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