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  1. #1

    Unhappy Possession Of A Firearm By A Convicted Felon

    Hi there!

    My brother (who lives in Florida) turned himself in yesterday when he found out he had a warrant for his arrest. A few months ago, his wife bought the firearm in her name and did keep it in the home....she is currently facing assault charges when she waved a gun at a man and threatened his life. Months later, they come back for my brother. His bail is set at $150,000, and I'm wondering about the worse case scenario here. He has been to prison before for GTA, and has one strike against him. Is he looking at serious prison time here because of his wife? He should have known better than to have it in the house at all, but people make stupid mistakes. The deputy at Clay County jail told me his charge is Possession of a firearm by a convicted felon. Anyone with knowledge in the Florida circuit, please let me know what the worst case scenario could be.

    Thanks!!!

  2. #2
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    Default Re: Possession Of A Firearm By A Convicted Felon

    It sounds like a violation of this statute:
    Quote Quoting Florida Statutes § 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful
    (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.
    (2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

    (3) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    This makes it appear that there is a potential 15-year sentence, with additional potential for enhancement of the sentence based on his record. Obviously he should consult a criminal defense lawyer.

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