(144) Convicted Felons who Possess a Weapon / Firearm. Michael A Haber Miami Criminal DUI BUI Lawyer
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- Опубліковано 25 жов 2024
- What happens when a Convicted Felon is caught in Possession of either a Weapon or Firearm in FL?
If you are a convicted felon and you are caught in possession of a concealed weapon or a firearm in Fl then you will face prosecution for a 2nd degree felony, punishable by up to 15 years in state prison.
The elements of the crime are simple: To be found guilty the State must prove that 1) You were convicted of a felony and that after that conviction 2) you knowingly “owned, had in your care, custody, possession or control” a firearm or a concealed weapon.
Because of the simplicity of the offense the issues that usually pop up surround the conviction and the issue of possession.
You do not need to be convicted of a felony in FL to violate F.S. 790.23; so long as the State can prove it in court, any felony conviction anywhere at anytime will suffice. In fact the crime could even have been a misdemeanor in the place where you were convicted but if FL would consider it a felony then it will suffice for purposes of your prosecution.
Possession can be actual (you are holding it or it is on your person) or it can be constructive (you are not in actual possession but the object is close enough to your person so as to be “within ready reach” and is “under your control”).
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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Is there a law in Florida that states if a person who has been convicted of a felony after having finished their sentence goes 2 years while living in the state can once again apply for a gun license?
No. And even if there were (which there is not) then you would still be violating federal law.
If you are convicted felon then stay away from guns (ammo and other deadly weapons).
That said, I thank you very much for your comment.
I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 258 Criminal Defense, DUI and BUI VideoFAQ / Webisodes (that I try to keep under 2 minutes) and I am constantly scripting more (in fact another 40 are presently in the works).
Should you have a Criminal Defense, DUI, BUI, Domestic Violence or a question related to Sealing / Expungement that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami / www.haberpa.com
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What about if your house is raided and there’s no gun but ammunition found far away from your persons in the house, which you live in with others. Can u still be charged since your a felon ?
Hello Tyler,
Anyone can be charged anywhere at anytime and for anything.
While not one wants to get arrested (and although there are steps / preventative measures that people can take to reduce the odds of an arrest), being charged is not the ultimate problem.
The "heavy" is avoiding being convicted, and for that you will need a skilled and experienced criminal defense lawyer.
This #HaberPA VideoFAQ explains the law in FL as regards possession by a felon and FS 790.23 is clearly skewed toward the government.
If you want to learn a little more about constructive possession then take a look at:
#HaberPA VideoFAQ # 145) What is the difference between Actual and Constructive Possession? - ua-cam.com/video/7bypf3P3eJQ/v-deo.html
#HaberPA VideoFAQ # 185) What is the difference between Actual and Constructive Possession in FL? - ua-cam.com/video/m4SnqPColRk/v-deo.html
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ presently has 375 Criminal Defense, Criminal Law, Criminal Procedure, Constitutional Law, Evidence, DUI, BUI, Domestic Violence, Probation, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Constitutional Law, Evidence, DUI, BUI, Domestic Violence, Probation, Crime Victim Rights and Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at #HaberPA "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
UA-cam: MichaelHaberLaw
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Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
So basically by law you cannot conceal it but as long as you open carry a weapon like a knife or anything that does not fall into the definition of a firearm, electronic device or chemical spray your in the clear.
Yes and no.
You are always subject to the whims of John / Jane Q. Cop who may or may not take offense, flex their muscles and give you a hard time but by the technical letter of the law you are correct.
Personally I would not open carry anything which can be considered a weapon unless I had cause to do so (i.e. were I a handyman or in the construction industry then I might wear a tool belt or have a folding utility / pocket knife - with a blade > 4" - on by person).
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 337 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights, Domestic Violence or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at #HaberPA "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
Michael Haber if a person is hell bent on obeying the law and the only legal way he can carry a defense weapon is to open carry say a knife or a antique firearm like a black powder revolver its not about work it’s not about a excuse it would be within his rights. I personally have not found anything other than “concealed weapon” being a criminal offense which could be something as stupid as a open pocket knife in your glove compartment. Which should be since all things considered it’s securely encased but then again your a scumbag felon now soooo yep I couldn’t see it so it’s a concealed weapon son your goin to jail. Out in the open it would seem that there is no solid way to get a conviction, they can always arrest you but I’m personally not worried about that since they’re not the jury they’re just the secretaries submitting the incident report and the state decides what crime was committed.
When a statute or a law is unconstitutionally vague I would think it should favor the accused but then again these laws where put in place to take away rights and oppress at their discretion.
At least that’s just how I see it. I definitely would like to speak with you more over the phone sometime.
"Out in the open it would seem that there is no solid way to get a conviction, they can always arrest you but I’m personally not worried about that since they’re not the jury they’re just the secretaries submitting the incident report and the state decides what crime was committed."... Yup. That's the point. You may beat the rap but you won't beat the ride.
If you don't mind risking arrest, booking, potential complications during the process (if the cop is Hell bent on the arrest and you are equally fixated on asserting you legal authority then then one need not be Nostradamus to predict that bad things are likely to happen), having to post bond, hire counsel (or rely on the PD) and count on the good will and lawfulness of the criminal court process then go for it. Me, I wouldn't but hey, that's what makes horse racing (and, frankly, that's what pays my bills).
Further I would strongly encourage you not to open carry, most especially "a black powder revolver"... again, you may be technically able to do so but you are also technically able to burn the American Flag (yet asserting that particular "right" does not make you a patriot, it makes you an a**hole). I am not calling you names for choosing to carry a legal non-firearm but I am making a reasonably foreseeable prevision as to what is likely to happen if you do (to wit: "bad" things).
As to the rest of your comment I appreciate your desire to chat this up but I'm limiting my answer (if you can call my replies "limited"... frankly I believe that I go above and beyond in being responsive to folks - like you - who make reasonable comments and have something intelligent to say - regardless of whether I happen to agree with them or not) to the foregoing with yet one more admonition that I see nothing good coming from a decision to open carry any weapon, even one which is lawfully displayed on your person.
If you are concerned about self-defense then avoid places that are dangerous and especially at times when you know that you are at risk. Learn Krav Maga, get a CWP or get yourself something which is legal (and concealable) such as "a self-defense chemical spray" or a "nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes"... please see FS 790.053 ~ www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.053.html ~ but even then please, pretty please even, use good judgment (and recognize that, just as I first replied, "You are always subject to the whims of John / Jane Q. Cop who may or may not take offense, flex their muscles and give you a hard time but by the technical letter of the law you are correct."
Wishing you good judgment and the best of luck and success.
Fondly,
MAH/Esq.
Michael Haber thank you for the quick reply you have been very educational and I appreciate you taking the time to reply not only my questions but others as well. This will help give others a educated idea on what to expect in certain situations as well.
As far as other means of self defense it is something I already though of however even the “safest” places could be the place where attacks may happen. When it comes to martial arts not even Bruce lee could dodge a bullet today’s threats are more dangerous and Unfortunately if you have a felony conviction even a nonviolent charge all forms of chemical sprays and stun guns/ tasers and firearms are out of the question plus anything that can be regarded a weapon if concealed is a federal and state offense. It is literally down to open carry of a knife or a non firearm. At least that’s how I interpreted the law. Heck even a defense folding knife if it’s not a “utility” knife can be regarded as a concealed weapon. I’m not saying it should be if it’s folded I’m just saying a reasonable person can interpret it in such a way in both the arrest and in court. Also unlike burning a flag this is a constitutional right compared to someone burning flags which does nothing but cause unrest. Sadly unconstitutional laws strip that right away from free American citizens every day but that’s nothing new to be frank, thru our history it’s been done in more ways than one. Again it’s not about making a scene or being a Asshole but laws are written in such a loosely interpreted way that you end up looking like one when you actually follow the law to a T. Damned if you do and dammed if you don’t I suppose.
To some extent I suppose that you're right.
Ty again for the props.
It's nice to be appreciated.
Wishing you all the best...
MAH/Esq.
I believe you are wrong. Possession of a firearm in Florida by a felon carries a mandatory minimum sentence of 20 years, but under some circumstances you may be given 40 years.
You are entitled to believe what you want (but I am not wrong).
There is no such thing as a 20 year min mand for possession of a f/a by a felon in FL.
There is a 20 year min mand if a firearm is discharged during the commission of a felony (10-20-LIFE) and there are enhancements if the Defendant is a HFO, VHFO, VCC or PRRO, but none of those are what you have described.
If you have a statute or law or rule that you can cite to support your position then I'd be thrilled to know, but after 27 years on the job I will bank on my statement of the law.
That said, I thank you very much for your comment.
I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 273 Criminal Defense, DUI and BUI VideoFAQ / Webisodes (that I try to keep under 2 minutes) and 27 more are presently in production (we'll be up to 300 shortly)!
Should you have a Criminal Defense, DUI, BUI, Domestic Violence or a question related to Sealing / Expungement that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami / www.haberpa.com
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
Wife has biometric safe and were traveling cross country.... Constuctive poss? Not in reach but back of car
I can only speak to FL (not "cross country") but I do not believe that you could reasonably be held in either constructive or joint possession of the contents of a biometric safe which you cannot open.
Note that this does not mean that a cop couldn't arrest you (cops can and do make stupid decisions) but I do not believe that such a charge would survive a motion to dismiss.
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ presently has 375 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights, Domestic Violence or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at #HaberPA "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
Well. If we can have our second amendment rights taken away then it was never a right to begin with. Just a privilege.
Sorry. I don't make the rules. I'm just a messenger. But, for what it's worth there's a difference between a right and an inalienable right.
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has an even 300 (soon to be 337 as we just filmed 36 new VideoFAQs which are now in production) Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
How ant that tirny or discrimination
Interpret it however you wish but don't shoot the messenger. I'm just laying out the law, man.
The issue with me is there is no expungement laws in nyc. On top of that to add insult to injury I know people that yea they did a violent crime but it was done when they were teenagers and now they are in their late 40's and still have to be held hostage by an act they did before they were an Adult. I cant believe the Federal government doesn't have anything for citizens like these
I can't do anything about that but maybe you can...
Laws can change and new laws can be passed. It doesn't happen easily or overnight but it does (or it can) happen.
Talk to your congresspeople, have a platform, take a stand and voice your concerns.
That said, I thank you very much for your comment.
I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 258 Criminal Defense, DUI and BUI VideoFAQ / Webisodes (that I try to keep under 2 minutes) and I am constantly scripting more (in fact another 40 are presently in the works).
Should you have a Criminal Defense, DUI, BUI, Domestic Violence or a question related to Sealing / Expungement that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami / www.haberpa.com
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
Shit i just got caught lastnight with a gun n im a felony im out on bond right now my bond was 5k 500.00 with a bondsman.. Im in nc
I'm sorry to hear that and I hope that it all works out for you.
Please note that this video is tailored to FL law and NC law may be the same, similar or entirely different (I'm not licensed in NC and so I have no way to know for sure).
But, I can tell you that had you gotten popped in FL while out on bond then you would almost surely be in custody without bond pending resolution of both of your cases (yes, in FL - at least in SE FL - that's almost a certainty), but, again, I cannot speak to NC and all I can do is to wish you the best of luck Sir.
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (ua-cam.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has an even 300 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on UA-cam at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami / www.haberpa.com
UA-cam: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.