At Law Offices of Scott B. Saul, we often encounter clients grappling with the question: What is felony gun possession? This serious offense can have life-altering consequences for those charged.

Understanding the intricacies of gun laws and the difference between misdemeanor and felony charges is vital for gun owners and non-owners alike. In this post, we’ll explore the definition, common scenarios, and potential legal ramifications of felony gun possession.

What Is Felony Gun Possession?

Federal Gun Laws

The Gun Control Act of 1968 sets the foundation for federal firearm regulations in the United States. This legislation regulated interstate and foreign commerce in firearms, including importation, “prohibited persons”, and licensing. Violations of these federal laws can result in felony charges, with potential penalties of up to 10 years in prison and substantial fines.

Florida’s Gun Laws

Florida maintains some of the most complex gun laws in the nation. The state has enacted specific statutes that outline legal firearm possession and its circumstances. For example, Florida Statute 790.23 makes it illegal for felons and delinquents to possess firearms, ammunition, or electric weapons or devices. This offense falls under the classification of a second-degree felony, which carries a punishment of up to 15 years in prison.

Misdemeanor vs. Felony Gun Charges

The line between misdemeanor and felony gun charges often depends on the offense circumstances and the individual’s criminal history. In Florida, carrying a concealed weapon without a proper permit typically constitutes a first-degree misdemeanor. However, the charge can escalate to a felony if the individual has prior convictions or carried the weapon while committing another crime.

Aggravating Factors

Several factors can transform a misdemeanor gun charge into a felony:

1. Prior criminal convictions
2. The type of firearm involved (e.g., automatic weapons or short-barreled shotguns)
3. Location of possession (such as on school grounds or in government buildings)
4. Intent to use the firearm in the commission of a crime

Consequences of Felony Gun Possession

A felony gun possession conviction carries consequences that extend far beyond potential prison time. These ramifications can affect various aspects of an individual’s life, including:

1. Employment opportunities (many employers conduct background checks)
2. Voting rights (felons may lose their right to vote in some states)
3. Future firearm ownership (a felony conviction typically results in a lifetime ban on gun ownership)
4. Housing options (landlords may deny housing to individuals with felony convictions)

The complexity of gun laws and the severe consequences of violations underscore the importance of understanding these regulations. Whether you’re a gun owner or not, knowledge of these laws can help you avoid unintentional infractions and protect your rights. In the next section, we’ll explore common scenarios that often lead to felony gun possession charges.

Common Scenarios That Lead to Felony Gun Charges

Felony gun possession charges stem from various situations, often catching individuals unaware. The Law Offices of Scott B. Saul has encountered numerous cases where people unknowingly violated gun laws, resulting in severe consequences. This chapter examines the most frequent scenarios that result in felony gun charges.

Convicted Felons and Firearm Possession

A straightforward path to a felony gun charge occurs when a person with a prior felony conviction possesses a firearm. Federal law prohibits convicted felons from owning or possessing firearms or ammunition. This restriction applies regardless of the nature of the previous felony or the time elapsed since the conviction. In Florida, this offense carries particularly severe penalties, classified as a second-degree felony with potential imprisonment of up to 15 years.

Concealed Carry Without Proper Licensing

Florida allows concealed carry with the proper permit, but carrying a concealed weapon without one can quickly escalate to a felony charge. The first offense typically constitutes a first-degree misdemeanor, but repeat offenses or aggravating circumstances can elevate it to a felony. For instance, carrying a concealed firearm into a prohibited area (such as a school zone or government building) can result in felony charges, even for first-time offenders.

Illegal Firearms and Modifications

Possession of certain types of firearms or modifications inherently constitutes a felony under both federal and Florida law. These include:

The penalties for these offenses can be severe.

Firearms and Other Criminal Activity

The most serious scenario involves firearm possession during the commission of another crime. Even if the gun isn’t used or brandished, its mere presence can significantly elevate charges. For instance, carrying a firearm during a drug trafficking offense can add a mandatory minimum of 5 years to a sentence, to be served consecutively with the underlying offense.

In Florida, using a firearm in the commission of a felony triggers the state’s 10-20-Life law. This statute mandates a minimum 10-year sentence for certain felonies involving firearms.

These scenarios highlight the complexity of gun laws and the ease with which one can inadvertently commit a felony. The consequences of these charges extend far beyond potential imprisonment, affecting various aspects of an individual’s life. The next chapter will explore the full range of legal consequences that follow a felony gun possession conviction, shedding light on the long-term impact of these charges.

The Far-Reaching Impact of Felony Gun Possession

Severe Legal Penalties

The legal system imposes harsh punishments for felony gun possession. In Florida, a conviction can result in up to 15 years in prison for a second-degree felony. Fines can reach $10,000 or more, depending on the specific circumstances of the case. These severe penalties underscore the importance of skilled legal representation to navigate the complexities of gun laws and mount a strong defense.

Permanent Loss of Gun Ownership Rights

A felony gun possession conviction typically results in a lifetime ban on firearm ownership. This restriction applies not only to guns but also to ammunition. The loss of Second Amendment rights can profoundly impact individuals who rely on firearms for their profession (such as security personnel or military veterans seeking employment in law enforcement).

Career and Housing Obstacles

The effects of a felony conviction extend into many aspects of daily life. Many employers conduct background checks and often hesitate to hire individuals with felony records, especially those involving weapons. A good guess would be that 60% of formerly incarcerated people are jobless at the moment.

Housing opportunities also become limited. Landlords frequently run background checks and may deny housing to those with felony convictions. This can force individuals into less desirable living situations or areas with fewer economic opportunities.

Travel and Immigration Challenges

A felony gun possession conviction can significantly complicate travel plans. Many countries deny entry to individuals with felony records. For non-U.S. citizens, the consequences can be even more severe. Almost any conviction relating to a firearm will cause a permanent resident to be deportable.

Long-Term Financial Implications

The financial impact of a felony gun possession conviction extends far beyond initial fines. Legal fees, lost wages during incarceration, and reduced earning potential due to limited job prospects can create a significant financial burden. Additionally, individuals with felony convictions may face higher insurance rates and difficulties obtaining loans or credit, further complicating their financial recovery.

Final Thoughts

Felony gun possession carries severe consequences that can alter a person’s life trajectory. The complexity of federal and state gun laws, coupled with harsh penalties for violations, emphasizes the importance of understanding these regulations. What constitutes felony gun possession varies based on specific circumstances and jurisdictions, making it crucial to stay informed about current laws.

The scenarios leading to felony gun charges range from possession by convicted felons to carrying concealed weapons without proper permits. The repercussions of a conviction extend beyond imprisonment, affecting employment, housing, travel, and financial stability. The permanent loss of gun ownership rights and potential deportation for non-U.S. citizens further highlight the gravity of these charges.

Given the high stakes involved in felony gun possession cases, seeking experienced legal representation is essential. At the Law Offices of Scott B. Saul, we bring decades of experience in criminal defense, with a focus on cases involving tourists and foreign travelers. If you face gun-related charges, don’t hesitate to seek professional legal counsel to protect your rights and future.