What Does Constructive Possession of a Firearm Mean?

The Second Amendment gives Americans the right to bear arms in the United States. However, that right does not extend to specific individuals like those convicted of a felony offense. Under certain conditions, you can lose the ability to own, possess, or carry firearms. Actual or constructive possession of a firearm by a prohibited individual can lead to significant legal and criminal consequences. Yet, what does constructive possession of a firearm mean in Florida?

At The Morris Firm, our aggressive Pensacola criminal defense team wants to help you understand what constructive possession in Florida means and the penalties you could face for violating the law.

What Is Constructive Possession of a Firearm?

To understand constructive possession, you must first understand that Florida law prohibits specific individuals from possessing or carrying a firearm. For example, convicted felons cannot carry, possess, or own firearms of any kind. What constitutes a convicted felon? An individual can be charged with possession of a firearm by a convicted felon if they fall into any of the following categories:

• Convicted of a felony offense by a Florida court
• Convicted of a federal felony offense
• Convicted of a felony offense in another jurisdiction or state that was punishable by more than a year in prison
• Committed a “delinquent act” that would have been charged as a felony offense if the individual was an adult and is still currently under the age of 24
• Committed a “delinquent act” in another jurisdiction or state that would have been charged as a felony offense if the individual was an adult and is still currently under the age of 24

There is general confusion over what constitutes constructive possession versus actual possession of a firearm. Actual possession means the individual controls the weapon or has physical custody. Constructive possession is different. It means that an individual prohibited from possessing a firearm knows of the presence of a firearm and can exercise control over it.

Constructive possession can occur in situations where an individual prohibited from owning a firearm lives with another person who can legally own a gun. If the weapon is not secured, prohibited individuals may gain easy control over it, indicating constructive possession.

Penalties for Possession of a Firearm by a Convicted Felon in Florida

Possession of a firearm by a convicted felon conviction can lead to significant penalties in Florida. Constructive possession of a firearm can lead to the following penalties:

• Fines up to $10,000
• Prison time up to 15 years
• Probation up to 15 years

Florida does not go easy on individuals convicted of possession of a firearm by a convicted felon. Your freedom is absolutely at stake, so you must get a knowledgeable criminal defense lawyer on your side as soon as possible.

How to Beat a Constructive Possession of a Firearm Charge

Proving constructive possession is typically more challenging than proving actual firearm possession. The prosecution must prove beyond a reasonable doubt that you knew about the firearm’s presence and that it was easily accessible and within your power to control. Constructive possession cases generally stem from situations where a convicted felon was in a home or vehicle where a weapon was present and not properly secured.

How do you prove the firearm was not yours? Beating a constructive possession charge depends on the specific circumstances of your situation. Every case is unique, meaning it takes a keen criminal defense attorney to thoroughly review the situation, evaluate the strength of the evidence, and devise a tactical defense plan that gives you the best chance at obtaining a favorable outcome. Some of the strategies that an experienced criminal defense attorney may explore include:

• Lack of evidence in the case
• The accused did not knowingly ever possess the firearm
• The firearm turned up during an illegal search or seizure
• Law enforcement violated your rights

A Florida criminal defense attorney may find other strategies applicable to your defense, again, depending on the specific circumstances of your situation. You need to speak with an attorney immediately to understand your legal rights and protect yourself from the potentially aggressive tactics of law enforcement and prosecutors.

Contact an Experienced Florida Criminal Defense Attorney Now

Were you accused of constructive possession of a firearm in Florida? Then, your freedom is at stake. Turn to Pensacola’s skilled criminal defense team of The Morris Firm for help. Our criminal defense team can protect your legal rights and provide aggressive legal representation.

Contact us today at (850) 503-2626 for a free consultation.

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