Certain people are barred by Florida and federal law from possessing a firearm at all, regardless of whether they intend any harm. A firearm possession charge in Tampa can carry a mandatory minimum prison sentence, even for someone who never used the weapon. Carlson Hayslett, P.A., represents clients in Hillsborough County who are charged with unlawfully possessing a firearm.
Who Is Prohibited From Possessing a Firearm in Florida
Under Fla. Stat. § 790.23, it is generally unlawful for a person to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon if that person:
- Has been convicted of a felony in Florida, in another state, or under federal law
- Was found delinquent as a juvenile for an offense that would have been a felony if committed as an adult, and is under 24 years of age
- Is otherwise disqualified under separate provisions, such as being subject to a domestic violence, stalking, or cyberstalking injunction under Fla. Stat. § 790.233
Florida law recognizes both actual possession, meaning the firearm is on the person, and constructive possession, meaning the firearm is in a place the person controls and knows about, such as a shared vehicle or residence.
Florida courts have defined constructive possession as existing where a person, without physically holding a firearm, knows of its presence and can maintain control over it (Barlatier v. State, 26 So. 3d 29, 32 (Fla. 3d DCA 2009)). Constructive possession cases often turn on whether the state can prove the accused actually knew the firearm was present.
