Jacksonville Gun Lawyers and Felons with Firearms Face New Florida Law

The law that makes possession of a firearm by a convicted felon in Jacksonville a crime is Florida Statute 790.23.  This Florida gun law states:

“(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.”

Possession of a Firearm by a Convicted FelonIf you are charged with Jacksonville possession of a firearm by a felon, it is a second-degree felony.  If are a convicted felon with a gun and you previously qualified or currently qualify for enhanced penalties according to Section 874.04, you can be charged with a first-degree felony.

Florida has a “10-20-Life” law that also applies to convicted felons possessing guns in Jacksonville.  Florida’s “10-20-Life” law creates minimum mandatory sentences for felons that are in actual possession of a firearm.  This does not apply to constructive possession of the weapon.  Under Florida Statute 775.087, if you were charged with Jacksonville possession of a firearm by a convicted felon and you are actually possessing the gun, the minimum mandatory sentence was 3 years in the Florida State Prison.

As of July, 1, 2012, the Florida laws that apply to felons possessing guns have changed. Jacksonville news station, First Coast News, reports:

“A new law honors the life of Clay County Sheriff’s Office Detective David White by enacting stiffer penalties for felons possessing firearms during a crime.

Prior to July 1, 2012, offenders who had a previous felony conviction for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance and possessed a weapon or “destructive device” during the crime were required to have a minimum sentence of 3 years in jail.  Now, anyone who was previously convicted for committing or attempting to commit a felony and had a weapon or “destructive device” during that crime, will face a minimum sentence of 10 years if convicted of possession of a firearm by a convicted felon.”

If you have been charged with a gun crime in Florida, it is imperative to talk to a Jacksonville gun lawyer.  Call 20 Miles Law and talk to a lawyer in Jacksonville at (904) 564-2525.

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