Florida Statute 790.23 makes it a second-degree felony — up to 15 years in prison — for a convicted felon to own or have in his “care, custody, possession, or control” any firearm or ammunition, or to carry a concealed weapon. On a booking sheet this shows up as POSS FIREARM BY CONV FELON, citing F.S.S. 790.23(1).
Who the statute covers
More people than you would guess: anyone convicted of a felony in Florida (§ 790.23(1)(a)), a federal felony, or an out-of-state offense punishable by more than a year — and anyone found to have committed a juvenile delinquent act that would have been a felony, until age 24 (§ 790.23(1)(b), (d)). The statute does not apply if your civil rights and firearm authority have been restored, or the record was expunged under s. 943.0515(1)(b).
The penalty ladder
- Base charge — second-degree felony: up to 15 years, $10,000 fine (§ 790.23(3)).
- Actual possession of the firearm — 3-year minimum mandatory prison under s. 775.087(2)(a)1.
- Prior violent felony committed while actually possessing a firearm — the minimum jumps to 10 years.
- Criminal gang enhancement — first-degree felony punishable by up to life (§ 790.23(4)).
The detail most people miss
The whole case often turns on actual versus constructive possession. The 3-year minimum mandatory applies only when you actually possessed the firearm — on your person, in your hand, within ready reach. A gun in a shared house or a borrowed car is constructive-possession territory: the State must prove you knew it was there and could control it, and no minimum mandatory attaches. This is so because s. 775.087(2)(a)1. keys the minimum to actual possession — and remember, a single round of ammunition violates the statute just as surely as a firearm does.
Charged as a felon in possession in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 790.23 (official Florida Statutes).
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a felon-in-possession charge in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.