Concealed Firearms, Poss. by Felon
FIREARMS & WEAPONS' OFFENSES,
CONCEALED WEAPONS,
POSSESSION OF A FIREARM BY A CONVICTED FELON
Firearm and Weapon offenses can make your day worse in several ways. First of all, the possession of a firearm or weapon during the commission of another crime (such as an assault or battery) can quickly turn a misdemeanor offense into a mandatory prison term felony case. Details such as the exact type of weapon, the exact location of the weapon, and the defendant's access to the weapon all factor into the analysis.
As you might expect, defining "firearm" is an issue all by itself, because often times the alleged gun is never recovered at the scene of the crime. Thus, if a defendant used a mere BB Gun to commit a robbery, the defendant can still be convicted of Robbery with a Firearm if the only testimony presented is victim testimony describing something that looked like a gun. Unfortunately, even if the government is unable to prove a firearm was used, they can still proceed with a Robbery charge as a "Robbery with a Deadly Weapon". But if it turns out the 'gun' is actually a pellet gun, can the state prove such a gun is "deadly"? This 'deadly' issue is not clearly resolved by the courts, often times the question of a weapon's deadliness is left up to the jury to decide. Courts have held that kitchen knifes can be considered weapons for concealed weapons purposes, but this decision is for a jury to make. However, the courts have decided that a small wooden bat, for example, is not a "weapon" for concealed weapons purposes. A Chinese star is considered a weapon under the concealed weapon statute because it's sole modern use is to cause great bodily harm (at least, according to Florida courts).
Possession of a Concealed Firearm & Possession of a Concealed Weapon
For those charged with Possession of a Concealed Firearm or Possession of a Concealed Weapon, even if the State can get thru the first hurdle of proving the item to be a firearm or weapon, criminal defense attorney John Guidry is still going to push this defense further, by asking whether or not the person was in "actual possession" of the firearm (or weapon), and such an analysis concentrates on the defendant's access to the weapon. A common example of this is a person stopped for a traffic violation, and the car is subsequently searched. A gun is found. Is the defendant, the sole occupant of the car, guilty of Possession of a Concealed Firearm? No, because the gun must be "readily accessible" to the driver in order for the charge to stick. A further analysis of what it means to be "carrying" a firearm can be found in my article "Carrying Concealed Firearms, But Not Really "Carrying"". If the gun or weapon is not readily accessible, it's a tough case to prove. And, what happens if a citizen is caught concealing a firearm within his own home? Will a concealed firearm charge stick under such circumstances? For more info, check out "Carrying a Concealed Firearm Has It's Limits".
And of course, let's not forget about those cases where an officer claims that a firearm is concealed, yet the firearm is clearly visible to the naked eye. How then, is a gun concealed, if it can be seen? For those of you interested, a more in depth analysis of the issues surrounding 'concealed' weapons can be found in my article entitled "Police Define "Concealed" Firearm As 'In Plain View?'"
Possession of a Firearm by a Convicted Felon
Possession of a firearm by a convicted felon is a serious offense, in part because it carries a three year minimum mandatory prison sentence. But, possession of a firearm by a convicted felon can be a tough case to prove, though it looks easy on the surface. In one case, the State admitted a felony judgement that did not contain a middle initial, fingerprints, or other identifying information. The appellate court overturned the conviction because the state failed to prove the defendant was the subject of the felony conviction. See Mason v. State of Florida, 853 So. 2d 544 (1st DCA 2003). If the state can prove a Possession of a firearm by a convicted felon charge, the case carries a 3 year minimum mandatory sentence, but in order to receive the minimum mandatory sentence, the felon must be in actual possession of the firearm. Thus, if the firearm was in 'joint' possession, the minimum mandatory does not apply.
But just in case possession of a firearm by a convicted felon wasn't bad enough, law enforcement often charge it's twin brother, possession of ammunition by a convicted felon. Possession of ammunition by a convicted felon is just a serious as a firearm charge. The problem comes when the state gets greedy and attempts to charge a citizen with separate charges for the firearm and ammunition. In such instances, one of theses charges should be dismissed. For more information on these dismissal situations, check out my article "Possession of Ammunition and a Firearm by a Convicted Felon". But prosecution greed doesn't stop there. If a convicted felon is caught with multiple guns, expect to see several counts of possession of a firearm by a convicted felon. One count per firearm. Of course, the extra charges should be dismissed for technical reasons (multiplicity), and you can find a discussion of a four count possession charge in my article "Criminals Possessing Lots of Guns".
As you might expect, some guns are so old that they are no longer considered firearms under Florida law. This is called the "antique firearm" exception to the definition of a "firearm", and thus it is not unlawful for a felon to possess such antique weapons. There are many more exceptions to these firearm and weapon rules, give criminal defense attorney John Guidry a call to discuss the facts of your case.
CONCEALED WEAPONS,
POSSESSION OF A FIREARM BY A CONVICTED FELON
Firearm and Weapon offenses can make your day worse in several ways. First of all, the possession of a firearm or weapon during the commission of another crime (such as an assault or battery) can quickly turn a misdemeanor offense into a mandatory prison term felony case. Details such as the exact type of weapon, the exact location of the weapon, and the defendant's access to the weapon all factor into the analysis.
As you might expect, defining "firearm" is an issue all by itself, because often times the alleged gun is never recovered at the scene of the crime. Thus, if a defendant used a mere BB Gun to commit a robbery, the defendant can still be convicted of Robbery with a Firearm if the only testimony presented is victim testimony describing something that looked like a gun. Unfortunately, even if the government is unable to prove a firearm was used, they can still proceed with a Robbery charge as a "Robbery with a Deadly Weapon". But if it turns out the 'gun' is actually a pellet gun, can the state prove such a gun is "deadly"? This 'deadly' issue is not clearly resolved by the courts, often times the question of a weapon's deadliness is left up to the jury to decide. Courts have held that kitchen knifes can be considered weapons for concealed weapons purposes, but this decision is for a jury to make. However, the courts have decided that a small wooden bat, for example, is not a "weapon" for concealed weapons purposes. A Chinese star is considered a weapon under the concealed weapon statute because it's sole modern use is to cause great bodily harm (at least, according to Florida courts).
Possession of a Concealed Firearm & Possession of a Concealed Weapon
For those charged with Possession of a Concealed Firearm or Possession of a Concealed Weapon, even if the State can get thru the first hurdle of proving the item to be a firearm or weapon, criminal defense attorney John Guidry is still going to push this defense further, by asking whether or not the person was in "actual possession" of the firearm (or weapon), and such an analysis concentrates on the defendant's access to the weapon. A common example of this is a person stopped for a traffic violation, and the car is subsequently searched. A gun is found. Is the defendant, the sole occupant of the car, guilty of Possession of a Concealed Firearm? No, because the gun must be "readily accessible" to the driver in order for the charge to stick. A further analysis of what it means to be "carrying" a firearm can be found in my article "Carrying Concealed Firearms, But Not Really "Carrying"". If the gun or weapon is not readily accessible, it's a tough case to prove. And, what happens if a citizen is caught concealing a firearm within his own home? Will a concealed firearm charge stick under such circumstances? For more info, check out "Carrying a Concealed Firearm Has It's Limits".
And of course, let's not forget about those cases where an officer claims that a firearm is concealed, yet the firearm is clearly visible to the naked eye. How then, is a gun concealed, if it can be seen? For those of you interested, a more in depth analysis of the issues surrounding 'concealed' weapons can be found in my article entitled "Police Define "Concealed" Firearm As 'In Plain View?'"
Possession of a Firearm by a Convicted Felon
Possession of a firearm by a convicted felon is a serious offense, in part because it carries a three year minimum mandatory prison sentence. But, possession of a firearm by a convicted felon can be a tough case to prove, though it looks easy on the surface. In one case, the State admitted a felony judgement that did not contain a middle initial, fingerprints, or other identifying information. The appellate court overturned the conviction because the state failed to prove the defendant was the subject of the felony conviction. See Mason v. State of Florida, 853 So. 2d 544 (1st DCA 2003). If the state can prove a Possession of a firearm by a convicted felon charge, the case carries a 3 year minimum mandatory sentence, but in order to receive the minimum mandatory sentence, the felon must be in actual possession of the firearm. Thus, if the firearm was in 'joint' possession, the minimum mandatory does not apply.
But just in case possession of a firearm by a convicted felon wasn't bad enough, law enforcement often charge it's twin brother, possession of ammunition by a convicted felon. Possession of ammunition by a convicted felon is just a serious as a firearm charge. The problem comes when the state gets greedy and attempts to charge a citizen with separate charges for the firearm and ammunition. In such instances, one of theses charges should be dismissed. For more information on these dismissal situations, check out my article "Possession of Ammunition and a Firearm by a Convicted Felon". But prosecution greed doesn't stop there. If a convicted felon is caught with multiple guns, expect to see several counts of possession of a firearm by a convicted felon. One count per firearm. Of course, the extra charges should be dismissed for technical reasons (multiplicity), and you can find a discussion of a four count possession charge in my article "Criminals Possessing Lots of Guns".
As you might expect, some guns are so old that they are no longer considered firearms under Florida law. This is called the "antique firearm" exception to the definition of a "firearm", and thus it is not unlawful for a felon to possess such antique weapons. There are many more exceptions to these firearm and weapon rules, give criminal defense attorney John Guidry a call to discuss the facts of your case.