West palm beach, fl - Se habla espanol

What If a Convicted Felon Is Caught with a Firearm in Florida?

The implementation of the second amendment has recently become one of the most important topics in politics and our election. It’s also one the country can’t seem to make up its mind on.States like Texas have made big news for allowing guns to be carried on college campuses, but a recent Supreme Court decision upheld the ban of firearms for domestic violence offenders, even at the misdemeanor level.The ban of firearms for convicted criminals does not stop at domestic violence offenders in the state of Florida. Our state has made it illegal for all convicted felons to possess firearms.So what if you’re a convicted felon and you get caught with a gun? What happens?

Penalties for Possessing a Firearm as a Convicted Felon

This ban means that if you have been convicted of a felony (or a crime in any other state or country that has penalties of over a year in prison), you lose your second amendment rights.Even worse, the penalties for possessing or carrying a firearm as a convicted felon are serious. You can be charged with a second degree felony. That means you could face up to 15 years in prison, 15 years of probation, or fines of up to $10,000.However, these penalties do not apply if you have had your record expunged, or if your civil rights and firearm authority have been restored after you served your sentence.

Recent Clarifications

There is one exception to this law, which was clarified, decided, and adjusted only a few weeks ago. In Weeks vs. State, a convicted felon was arrested for using an antique rifle to hunt.He challenged his arrest. Pre-1918 antiques and replicas of antiques are listed in Florida’s statutes as instruments separate from firearms. Weeks’ conviction was reversed, because upon further review, the court decided that they needed to clarify the rules on possessing antique firearms.In current laws, Weeks’ firearm would still not be allowed, because the firearm had a modern scope attached that was not made before 1918, nor was it a replica of an accessory made before 1918.If you plan on carrying an antique replica, be sure to look through each of its parts and accessories, and make sure they fit the description of “antique replica.”

What about Stand Your Ground?

What about Stand Your Ground

There is another law that trumps the rules about convicted felons and firearms: Florida’s infamous Stand Your Ground law.In 2013, a convicted felon named Aaron A. Little was put on trial for the murder of Demond Brooks. Brooks had approached and pulled two handguns on Little. After attempting to flee the scene, Little shot and killed Brooks. He was charged with second-degree murder, but claimed he was acting in self-defense.The Stand Your Ground Law gives everyone the right to “stand his or her ground,” rather than retreat, in the event that they believe they are facing great bodily harm or being the victim of a felony crime. The law even protects your right to use deadly force as long as you are standing your ground.With Little vs. State, it was decided that even though Little was engaged in unlawful activity (the possession of the firearm), he was still entitled to the Stand Your Ground law.These restrictions are not only important for convicted felons to know, but also anyone who has been arrested or charged for a felony crime. If you have been charged, it is important to know the sentence you may face and the penalties that will follow you after you complete your sentence. Contact a Florida defense lawyer for a free review of your case and how you can fight the charges against you.About the Author:Attorney David W. Olson is the founder of the Law Offices of David W. Olson in West Palm Beach. He has been practicing criminal law and successfully representing clients throughout the State of Florida for over 30 years. Throughout his legal career, Mr. Olson has been honored numerous times for both his dedication and excellence in criminal law. He proudly holds the Martindale-Hubbell AV Rating, as well as being recognized as a Top 100 Trial Lawyer (2013), in the Nation’s Top One Percent of attorneys (2015), and as a 10 Best Member of the American Institute of Criminal Law Attorneys (2015). He has even received commendations from members of congress and other public officials for the fantastic work that he's done. Mr. Olson graduated from the University of Florida’s Fredric G. Levin College of Law in 1981 and has been a member of the Florida Bar since 1983.

Free case review

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.


Better call Saul? More like, BETTER CALL OLSON!

“David W. Olson is the best lawyer I have come across. He truly will sit and listen to your story and no matter what he will fight for your rights. He is very compassionate, and understanding. He will work with you and does his job with a good heart. Mr. Olson truly has saved my life and gave me a second chance. You wont go wrong with hiring David Olson as your attorney. I highly recommend him and I am proud to have chosen him as my attorney.”


Found the Best!

“David Olson has represented me on two occasions. I have since referred two of my friends and my nephew to him, and they have all told me they’ll always be grateful for that. Mr. Olson somehow had the charges dropped in both of my cases (actually, I do know how, because he and his staff answered all my questions and explained in detail things that I never would have thought of).”


Compassionate Attorney

"My husband and I hired Mr. Olson to represent our son a Florida gun shot victim. We are New Jersey residents. From day one we felt comfortable with Mr. Olson and found him to be easy to talk to and a very good listener. This was important to us after our horrible experience with another attorney who was more concerned with hearing himself speak than our wishes."


Personable and Highly Intelligent!

“I saw David today to discuss some possible outcomes and possibilities of a probable future case. I did not know if I was going to be charged at all but I wanted to speak to someone to get a better idea of what I was looking at and what my options were. As soon as I shook his hand I felt very comfortable and respected. I laid it all out for him and asked him every last question I had, all of which were answered respectfully and intelligently.”


The Best of the Best

"I have known David Olson for over 20 yrs. now and have had my rough times in my past and unfortunately I ended up in trouble with the law and really needed help from a real lawyer. I needed someone to listen to my side of the story and really fight my cases in court for me and get the BEST results for my cases. A very close friend said the man for the job is David W Olson; So I contacted him & he came to me the very next day to hear me out and I knew he was the lawyer that would do the best for me and he did.”

Chet B.

Hearty Recommendation

"I hired Mr. Olson from recommendation by family member. He was immediately behind my situation and put me completely at ease. There were no false promises, very upfront as far as expectations and outcomes.

His assistant, Jessica was a joy to work with as well. They came to my house, interviewed witnesses, went above and beyond and always respond to my calls. I totally endorse this attorney."