South Florida Criminal Attorneys Blog
Perhaps the country’s founding fathers did not mean to create a constitution that can be as polarizing as it is and yet, that is the case for a few of the amendments. One that always seems to get feathers riled up on either side of the aisle is the second amendment. It clearly states “the right of the people to keep and bear Arms, shall not be infringed.” However, this is not the case if you are a felon. It is illegal in Florida for convicted felons to possess firearms, unless the convicted felon has had his/her civil rights restored and firearm authority restored by the state’s Clemency Board or the gun qualifies as an antique firearm under Florida statute 790.001(1). However, a deciding factor in the severity of the punishment is if the firearm was actually possessed or constructively possessed. Actual possession of a firearm means the firearm was in the person’s hand or on them, in a container in the hand or on the person, or is so close that it is under the control of the person. Constructive possession means the firearm is placed somewhere the person has control over. Possession of a gun by a felon is considered a second-degree felony. Actual possession brings a three-year minimum mandatory sentence with it and the judge can impose a combination of up to 15 years in prison, up to 15 years of probation, or up to $10,000 in fines. Constructive possession of a firearm does not have a minimum mandatory sentence however a judge can still impose a combination of those three listed penalties.
The consequences of a conviction, especially a felony, can have a wide range of negative effects on your life. Therefore, you need to contact a defense attorney immediately. Michael B. Cohen can help you fight a gun charge by thoroughly investigating your case.