Criminal Defense
Since 1993
Since 1993
Can You Be Charged for the Gun AND the Bullets?
By: John Guidry
The fine folks at the State Attorney’s Office can often be a bit ambitious in their charging decisions.
Recently, I was retained to defend someone accused of Possession of a Firearm by a Convicted Felon AND Possession of Ammunition by a Convicted Felon.
How is this possible? Well, anything is possible, I suppose. But is it legal?
Are you facing stacked charges for a single incident?
Don’t let the State “double dip” on your sentence. Call John today at (407) 423-1117.
The Legal Breakdown: Francis v. State
The answer lies in the case of Francis v. State, 41 So. 3d 975 (Fla. 5th DCA 2010), a case straight out of Central Florida.
- The Situation: Francis was a convicted felon found with a single loaded firearm.
- The Charges: The State charged him with two separate felonies: one for the gun, and one for the bullets inside the gun.
- The Conviction: He was initially convicted of both.
The Ruling: The court overturned one of the convictions, finding that this practice violated the constitutional protection against Double Jeopardy.
The court reasoned:
“Dual convictions for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon, arising from defendant’s possession of one loaded firearm, violated the right of protection against double jeopardy… the Legislature did not express a clear intent to authorize separate units of prosecution… particularly where the ammunition was fully encased within the firearm.”
John’s Takeaways
- One Gun, One Crime: If the ammunition is inside the gun, it is considered a single unit of prosecution. The State cannot split it up just to rack up more points on your scoresheet.
- Watch for “Loose” Ammo: Note that the court mentioned the ammo was “fully encased.” If you have a loaded gun and a separate box of bullets in your pocket, the State might still try to charge you twice. We have to fight those distinctions carefully.
- Waste of Resources: If the law is so clear—and it is—how can our government officials waste taxpayer money filing such nonsense? It forces us to file motions and appeals to fix what shouldn’t have been charged in the first place.
Don’t Pay Double the Price
If such unfortunate circumstances befall you or a loved one, you need a defense attorney who knows the difference between “ambitious” prosecuting and illegal prosecuting.
Call me at (407) 423-1117. Let’s get those extra charges dropped.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.