Unfortunately for those convicted of a felony offense, there is a lifetime ban on owning a firearm in Florida. As much as it stands in the way of your constitutional rights, the state finds the public’s interest great enough to infringe upon yours. The scope of the ban encompasses non-violent felons convicted of drug possession, bank fraud, embezzlement, and other crimes.
If you are stopped or searched and the police turn up a firearm, call Meltzer & Bell, P.A. right away to begin working to limit these new charges.
Violating certain terms of a felony offense can bring the legal system right back into your life. Hire Meltzer & Bell, P.A. to manage your legal strategy and get you the best possible outcome. We represent clients for firearm possession by a felon across West Palm Beach, Boynton Beach, Boca Raton, Jupiter, Delray Beach, Lake Worth, Wellington, Royal Palm Beach, Belle Glade, Juno Beach, Palm Beach Gardens, and Greenacres.
Each client has a different set of circumstances and history. Call us at (561) 283-3259 to discuss your case in a free, no-obligation consultation. You will leave knowing your options and that your case is in knowledgeable hands.
Felons convicted in Florida or in any other state are prohibited from ever possessing firearms, ammunition, or electronic weapons for anyone convicted of a felony within Florida’s borders.
If you have been involved in any type of search by law enforcement that has turned up a firearm or ammunition, it is important to remember the exact circumstances and to discuss the episode in detail with your defense attorney. Whether during a traffic stop, a stop-and-frisk, or an incident that brought law enforcement to your doorstep, police must act in accordance with your Fourth Amendment rights when conducting a search.
Namely, law enforcement is required to have probable cause that the search will turn up evidence in an active investigation, or in the case of weapons, that it is reasonable to frisk you for officer safety. Meltzer & Bell, P.A. will move to suppress evidence collected from an unreasonable search.
If you can show that you have had your civil rights and right to a firearm restored by the Board of Executive Clemency, you are not in violation of this statute.
As defined in Florida Statute § 790.23, a convicted felon found in possession of a firearm, ammunition, or electronic weapon may be charged with a second degree felony. It is a daunting penalty that would open you up to fifteen years imprisonment and up to $10,000 in fines.
For a conviction, the prosecution must prove beyond a reasonable doubt that the defendant knowingly carried, owned, or had in their control, care, custody, or possession a firearm, ammunition, or electronic weapon.
Prosecutors will enhance your charges if they believe the offense was committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. A conviction in violation of Florida Statute § 874.04 will result in a felony of the first degree. The term of imprisonment can range as high as 30 years. A fine of up to $10,000 may be imposed.
Do not allow a past felony to restrict your future. Meltzer & Bell, P.A. will evaluate every option, which may include a plea agreement with the prosecution or fighting your case in trial. Attorneys Steven Bell and Lawrence Meltzer have taken hundreds of cases to trial as well as negotiated pre-trial resolutions on both the side of the prosecution and the defense.
Call (561) 283-3259 to discuss your charges for felony possession of a firearm in a free consultation and begin to put this nightmare behind you.