Quick Answer
No. Florida permanently bars anyone with a felony conviction, in state or federal court, from owning, possessing, or even briefly handling a firearm, ammunition, or electric weapon under Fla. Stat. § 790.23. The only lawful path back is Executive Clemency granting Specific Authority to Own, Possess, or Use Firearms, and that process requires an eight-year wait after every term of your sentence is complete. A 2021 reform automatically restores voting and most other civil rights sooner for many people, but it does not touch firearm rights on its own.
If you are a convicted felon living in Florida, the short answer to whether you can own a gun is no, and the reasoning behind that answer is more layered than most people expect. Florida Statute 790.23 strips firearm rights from anyone convicted of a felony, whether the conviction happened in a Florida courtroom, another state, or a federal court, and that prohibition stays in place until a specific legal process restores it.
At The Wiseman Law Firm, our team handles weapons and firearm charges in Orlando for clients across Central Florida, including cases where a prior felony conviction turns a simple traffic stop into a second-degree felony arrest. Attorney Simon Wiseman built this firm after more than two decades trying cases in the Ninth Judicial Circuit, first as a prosecutor and now as defense counsel, and that background shapes how we approach every gun possession case that crosses our desk.
The Basics of Florida’s Firearm Ban for Convicted Felons
Florida Statute 790.23 makes it unlawful for anyone convicted of a felony to own, possess, or control a firearm, ammunition, or an electric weapon or device such as a stun gun. The statute reaches further than most people assume, covering four distinct categories of prior record.
Who the Firearm Ban Covers
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Florida Felony Convictions Any felony conviction entered in a Florida state court. |
Out-of-State or International Felonies Convictions elsewhere that would qualify as a felony under Florida law. |
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Federal Felony Convictions Any crime against the United States classified as a felony. |
Juvenile Adjudications Under 24 Delinquent acts that would be felonies if committed as an adult. |
There is no exception for how long ago the conviction happened or how minor the underlying offense was. A 15-year-old fraud conviction carries the same firearm prohibition as a conviction from last year, and completing probation or paying every fine does not lift the ban on its own. Only a specific act of Executive Clemency can restore that right, a process covered in detail further down the page. For contrast, Florida residents without a disqualifying record face a very different, much less restrictive set of rules.
The statute draws no distinction based on the type of firearm involved, and the ban covers a wider range of items than most people expect.
- Handguns, rifles, and shotguns, including firearms kept for hunting or home defense
- Ammunition alone, even without an accompanying firearm
- Antique firearms still capable of being fired
- Electric weapons and devices, such as stun guns
A valid concealed carry license from another state does not create an exception for a Florida felony conviction, and even a firearm a felon owned legally before the conviction becomes unlawful to keep once that conviction is entered.
What Counts as Possessing a Firearm Under Florida Law
Prosecutors do not need to catch a felon holding a gun to bring a possession charge. Florida recognizes two forms of possession, and understanding the difference matters for anyone trying to stay compliant with the law.
Actual vs. Constructive Possession
Actual possession means the firearm is on your person or within your immediate physical reach, such as in a pocket or a hand. Constructive possession is broader and covers situations where you have knowledge of the firearm’s presence and the ability to exercise control over it, even if it belongs to someone else or sits in a room you do not own. A firearm locked in a glove compartment of a car you regularly drive, or stored in a closet in a home you share, can support a constructive possession charge if prosecutors can show you knew it was there and could access it.
Consider two people pulled over during the same traffic stop, riding together in one vehicle. If a firearm is found under the passenger seat and both people knew it was there and could have reached it, Florida law allows prosecutors to pursue a constructive possession charge against both occupants, even though only one person may have originally brought the gun into the car. Ownership of the firearm is not the deciding factor; knowledge and access are. This same legal standard shows up regularly in constructive possession drug cases as well, where the test for control works the same way.
Possession Types at a Glance
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✋ Actual Possession On your body or within immediate reach, such as a pocket, a hand, or a waistband. Ownership of the firearm is not required. |
🔑 Constructive Possession Firearm is elsewhere, but you know it is there and can access it, such as a shared closet or car console. More than one person can be charged for the same firearm. |
Can a Felon’s Spouse Keep a Gun at Home?
A spouse who has never been convicted of a crime can legally own a firearm, but the shared household creates real risk for the felon living there. If law enforcement can establish that a convicted felon knew a firearm was present and had the ability to access it, prosecutors can pursue a constructive possession charge against the felon even though the gun belongs to their spouse. Families in this situation often benefit from storing any household firearms in a locked container the felon cannot access, such as a safe with a combination or key held exclusively by the non-felon spouse, and from documenting that arrangement clearly.
Penalties for Firearm Possession by a Convicted Felon
Firearm possession by a convicted felon is a second-degree felony under Florida law, punishable by up to 15 years in prison and a $10,000 fine. What surprises many people is that this charge also carries its own mandatory minimum sentence. Under Florida’s 10-20-Life statute, actual possession of a firearm by a convicted felon triggers a 3-year mandatory minimum prison term, a floor that a judge cannot go below regardless of the circumstances or any mitigating factors in the case.
That 3-year floor is separate from, and lower than, the 10-year mandatory minimum the same statute applies to felons who possess a firearm while committing certain other enumerated felonies, such as robbery or aggravated assault. In those cases, the possession charge can be used to reclassify the underlying offense to a more severe degree on top of the firearm-specific sentence, which is why a single firearm found during an otherwise minor arrest can dramatically raise the stakes of a case. Florida’s habitual offender enhancements can add even more exposure for felons who already have a qualifying record.
Penalty Snapshot
| Charge | Exposure |
|---|---|
| Base charge Second-degree felony |
Up to 15 years in prison and a $10,000 fine |
| Mandatory minimum Actual possession alone |
3-year floor a judge cannot go below |
| Mandatory minimum Possession during another enumerated felony |
10-year floor, plus possible reclassification of the underlying charge |
How These Cases Are Prosecuted in Orange County
Attorney Simon Wiseman spent his early legal career as a state prosecutor with the Orange County State Attorney’s Office in the Ninth Judicial Circuit, trying felony cases in the same Orlando courthouse where he now defends clients. That background gives him a working knowledge of how these specific charges move through the local system, from the initial arrest report to how the State Attorney’s Office typically evaluates a felon-in-possession case for filing decisions. A felony record can also shape how prosecutors approach an entirely new criminal case, not just a firearm charge.
In practice, felon-in-possession charges in Orange County often originate from routine encounters rather than planned investigations, a traffic stop where an officer runs a record check, a domestic call where a firearm is visible in the home, or a search connected to an unrelated charge. Because the 3-year mandatory minimum applies once actual possession is established, the State Attorney’s Office has limited room to offer reduced sentences through a plea once the firearm is confirmed and the felony record is verified. That makes the early stages of the case, before charges are formally filed, one of the more important windows for a defense attorney to challenge how the firearm was found and whether the search that led to it was lawful.
A change in Florida law also affects how quickly someone charged with this offense can get out of jail while the case proceeds. A pretrial detention law that took effect statewide requires a formal pretrial detention hearing, rather than automatic bond, for any second-degree felony or higher, a category that includes felon-in-possession charges. Ninth Judicial Circuit Chief Judge Lisa Munyon has publicly noted that this change increased the circuit’s initial appearance caseload by roughly 25 percent, and Ninth Circuit State Attorney Andrew Bain has confirmed that his office must now file a motion seeking pretrial detention rather than relying on discretionary bond in these cases, according to reporting from Spectrum News 13. In practical terms, someone arrested for this charge in Orange County should expect to remain in custody until a judge specifically addresses pretrial release, rather than posting a standard bond amount immediately after booking.
From Arrest to Filing Decision in the Ninth Circuit
| 1 | Arrest and booking at the Orange County Booking and Release Center |
| 2 | First appearance before a judge, generally within 24 hours of arrest |
| 3 | Pretrial detention hearing, required for this charge instead of automatic bond |
| 4 | State Attorney filing decision, based on the confirmed felony record and the circumstances of the search |
A 2026 Court Challenge Could Reshape This Law
The rules around this statute may be shifting. In a case now before Florida’s First District Court of Appeal, Morgan v. State, Florida Attorney General James Uthmeier reversed his office’s earlier position and argued in a February 2026 brief that Section 790.23’s blanket ban on firearm possession is unconstitutional as applied to felons whose prior convictions were nonviolent, or “nondangerous” in the brief’s language. According to reporting from WLRN, this marks the first time a sitting Florida Attorney General has taken this position, and the case remains pending before the appellate court.
This development has not changed the law. Florida Statute 790.23 still applies to every felony conviction as written, and anyone relying on this pending litigation as a defense risks a serious felony charge. It does mean the legal landscape around this statute is more active than it has been in years, and anyone facing a related charge should work with an attorney who is tracking how the case develops rather than relying on an older guide to the law.
Steps to Restore Your Firearm Rights in Florida
Florida separates the restoration of general civil rights from the restoration of firearm rights, and the two now move on very different timelines. Since a 2021 reform, many people convicted of a felony become automatically eligible to apply for Restoration of Civil Rights, covering voting and other rights, without waiting the five or seven years the process once required. Firearm rights are handled differently. Restoring the right to own, possess, or use a firearm requires a separate grant of Specific Authority to Own, Possess, or Use Firearms from the Florida Office of Executive Clemency, and that application carries its own eligibility rules.
To apply for firearm authority, you generally need to meet the following requirements before the Clemency Board will consider your case:
- Every term of your sentence, including probation or other supervision, must be fully completed for at least eight years before you apply.
- You cannot owe more than $1,000 in outstanding fines or restitution tied to a criminal or traffic case.
- You must have no pending criminal charges and no new arrests during the waiting period.
- You must be a Florida resident at the time the application is filed, reviewed, and decided.
Meeting these requirements starts the process, but it does not guarantee a hearing date. The Florida Commission on Offender Review conducts a background investigation before any case reaches the Clemency Board, and the current backlog means applicants can wait years beyond the initial eight-year period before a hearing is scheduled.
State Restoration vs. Federal Law
Restoring your firearm rights under Florida law does not automatically resolve a federal felony conviction. Federal law, under 18 U.S.C. § 922(g)(1), separately bars anyone convicted of a crime punishable by more than a year in prison from possessing a firearm that has moved through interstate commerce, which covers nearly every firearm sold in the United States. Florida’s Clemency Board will not even consider a firearm authority application tied to a federal or out-of-state conviction. Relief for a federal conviction requires either a presidential pardon or a Relief from Disabilities determination through the federal government, a program that has been effectively unavailable for decades due to a lack of congressional funding. Anyone with a federal felony record should assume the firearm prohibition is permanent absent a change at the federal level.
State vs. Federal Firearm Prohibitions
| Florida State Law | Federal Law |
|---|---|
| Fla. Stat. § 790.23 | 18 U.S.C. § 922(g)(1) |
| Restored through Florida Executive Clemency | Restored only through a presidential pardon or a federal Relief from Disabilities determination |
| Clemency Board reviews Florida convictions | Clemency Board will not consider federal or out-of-state convictions at all |
Frequently Asked Questions About Florida Gun Laws for Felons
Can a convicted felon ever legally own a gun in Florida?
Only after receiving Specific Authority to Own, Possess, or Use Firearms through Florida’s Executive Clemency process. Completing your sentence, probation, or paying restitution does not restore this right on its own. You must apply separately and meet the Clemency Board’s eligibility rules, including an eight-year waiting period after your sentence ends.
How long do I have to wait before applying to restore my firearm rights?
Florida requires at least eight years from the date you completed every term of your sentence, including probation or other supervision, before you can apply for firearm authority. This waiting period is separate from the process for restoring general civil rights like voting, which many applicants can now pursue sooner under a 2021 reform.
How much does it cost to hire a criminal defense attorney for a felon-in-possession charge in Orlando?
Costs vary depending on the complexity of the case, whether it goes to trial, and how much investigation is needed to challenge the search or arrest. Because this charge carries a 3-year mandatory minimum sentence, most defendants benefit from a consultation early in the case to understand their specific options and potential costs before deciding how to proceed.
Can my spouse or family member keep a gun in our home if I am a convicted felon?
A non-felon spouse or family member can legally own a firearm, but keeping it accessible in a shared home creates constructive possession risk for the felon living there. Storing any household firearm in a locked safe that only the non-felon can access, and keeping documentation of that arrangement, reduces the risk of a possession charge if law enforcement becomes involved.
What happens if I am arrested for felon in possession of a firearm in Orange County?
You will typically face a second-degree felony charge carrying a 3-year mandatory minimum sentence once actual possession is established, which limits how much flexibility prosecutors have to negotiate a reduced sentence later in the case. Because of that mandatory minimum, the strongest opportunities to challenge the charge usually come early, particularly around how the firearm was discovered and whether the search leading to it was constitutional.
The Wiseman Law Firm Can Help You Understand Your Rights
Florida’s firearm laws for convicted felons carry serious consequences, and the rules around possession, restoration, and even the constitutionality of the ban itself continue to evolve. Attorney Simon Wiseman brings more than two decades of trial experience on both sides of the Orange County courtroom, first as a prosecutor and now defending clients against the same charges he once brought, and that perspective shapes how our firm evaluates every firearm case from the first consultation.
Whether you are facing a felon-in-possession charge, trying to understand whether a firearm in your home puts you at risk, or exploring whether you may qualify for restoration of your rights down the road, our Orlando criminal defense team can walk you through your specific situation and what comes next. Reach out through our contact form to schedule a consultation.