Weapon possession is not automatically illegal in Florida. However, many people are surprised to learn how quickly lawful possession can turn into a felony charge. A misunderstanding of the law, a prior conviction, or the location of a weapon can expose someone to serious criminal penalties, even when no violence occurred.
At Lindsay Chase Law Firm, we regularly defend clients charged with weapons offenses throughout Florida. Many of these cases involve individuals who did not believe they were breaking the law. This article explains when weapon possession becomes a felony in Florida, the most common scenarios that lead to arrest, and how a defense attorney can challenge these charges.
Florida’s General Approach to Weapons Possession
Florida law allows certain individuals to lawfully possess firearms and other weapons, but that right is heavily regulated. The legality of possession depends on several factors, including:
The type of weapon involved
The individual’s criminal history
Where the weapon was possessed
How the weapon was carried or stored
Violations of these laws can result in felony charges under Florida Statutes Chapter 790.
Felon in Possession of a Firearm
One of the most common felony weapons charges in Florida is possession of a firearm by a convicted felon.
Under Florida Statute §790.23, any person who has been convicted of a felony is prohibited from owning or possessing a firearm, ammunition, or certain other weapons [1]. This applies even if:
The prior felony was nonviolent
The conviction occurred many years ago
The firearm belonged to someone else
Possession does not require ownership. Simply having access to or control over a firearm can be enough to trigger charges.
A conviction for felon in possession of a firearm is a second-degree felony, punishable by:
Up to 15 years in prison
Up to 15 years of probation
A fine of up to $10,000
These crimes also carry a MINIMUM MANDATORY sentence of three (3) years prison.
Carrying a Concealed Weapon Without Legal Authorization
Florida allows individuals to carry concealed weapons under specific circumstances. However, unlawful concealed carry can still result in criminal charges.
Under Florida Statute §790.01, carrying a concealed firearm or weapon without proper legal authorization may lead to felony charges, depending on the weapon involved and the individual’s eligibility [2].
Factors that may elevate the charge include:
Carrying a firearm while prohibited from possession
Possession of certain prohibited weapons
Prior criminal convictions
Although Florida law has evolved regarding permit requirements, concealed carry laws remain complex, and enforcement often depends on the facts of each case.
Florida has not legalized open carry, despite widespread confusion online and on social media. What actually changed is Florida’s permitless concealed carry law, which took effect in 2023 and allows eligible adults to carry a concealed firearm without a license. Openly carrying a firearm in public remains illegal in most situations, with only limited exceptions such as fishing, camping, or traveling to and from those activities. Because the difference between open carry vs. concealed carry in Florida can mean the difference between lawful behavior and criminal charges, gun owners should understand exactly what the law allows and what it does not, before carrying a firearm.
Possession of a Weapon During the Commission of a Crime
Possessing a weapon while committing another offense can significantly increase criminal exposure.
Florida Statute §775.087 allows for reclassification and enhanced penalties when a weapon or firearm is carried, used, or displayed during the commission of a felony [3]. Even if the weapon is not discharged, the presence alone can trigger harsher sentencing.
This statute is often applied in cases involving:
Drug offenses
Robbery or burglary allegations
Assault or battery charges
Weapon enhancement statutes can turn otherwise lower-level offenses into crimes carrying mandatory minimum sentences.
Possession in Prohibited Locations
Florida law restricts weapon possession in certain locations regardless of permit status.
Common prohibited locations include:
School grounds
Courthouses
Government buildings
Certain private properties with posted restrictions
Possessing a weapon in a restricted location can result in felony or misdemeanor charges depending on the circumstances and intent.
Constructive Possession and Shared Spaces
Many weapons cases do not involve a weapon found directly on a person. Instead, prosecutors rely on constructive possession.
Constructive possession occurs when a weapon is found in a place over which a person has control, such as:
A vehicle
A shared residence
A backpack or bag
In these cases, prosecutors must prove the accused knew of the weapon’s presence and had the ability to exercise control over it. This often becomes a central issue in defense strategy, especially when multiple people had access to the area.
Common Defenses to Felony Weapons Charges
Weapons cases are highly fact-specific, and strong defenses often exist. A defense attorney may challenge the charge by arguing:
Lack of knowledge of the weapon’s presence
No actual or constructive possession
Illegal search or seizure in violation of the Fourth Amendment
Improper application of sentencing enhancements
Restoration of civil rights or firearm rights
Evidence such as bodycam footage, witness statements, and forensic analysis can significantly impact whether the state can meet its burden of proof.
Why Weapons Charges Are Prosecuted Aggressively
Weapons offenses are treated seriously because prosecutors often argue that possession alone presents a public safety risk. As a result, charges may be filed even when no threats or injuries occurred.
A felony conviction for a weapons offense can result in:
Permanent loss of firearm rights
Difficulty obtaining employment or housing
Immigration consequences for non-citizens
Long-term damage to personal and professional reputation
Because of these consequences, early legal intervention is critical.
How a Defense Attorney Can Help
An experienced defense attorney examines every element of the charge, from the legality of the stop to the classification of the weapon. Early representation allows your attorney to:
Challenge unlawful searches
Preserve critical evidence
Negotiate with prosecutors before formal filing decisions
Seek reduction or dismissal of charges
In many cases, early action can prevent felony charges from moving forward.
Protecting Your Rights in a Weapons Case
Being charged with a weapons offense does not mean you are guilty. Florida’s weapons laws are complex, and mistakes by law enforcement or prosecutors are common.
At Lindsay Chase Law Firm, we approach weapons cases with precision and urgency. We work to ensure that the law is applied correctly and that your constitutional rights are fully protected.
If you’ve been arrested or are under investigation for a weapons charge in Florida, call 954-737-0820 today for a confidential consultation. We’re ready to review your case and help you move forward.
Citations
[1] Florida Statutes §790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Weapons.
[2] Florida Statutes §790.01 – Carrying Concealed Weapons.
[3] Florida Statutes §775.087 – Possession or Use of a Weapon; Reclassification of Offenses; Minimum Sentences.
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