Bonita Springs Felon in Possession of a Firearm Lawyer

Charges under Florida’s felon-in-possession statute are frequently misunderstood because they are often conflated with weapons charges that require proof of intent, use, or threat. A Bonita Springs felon in possession of a firearm charge is different in one critical way: the prosecution does not need to show that the firearm was used, brandished, or even loaded. The sole questions are whether the defendant has a prior felony conviction and whether they possessed a firearm. That narrow framework sounds simple, but it opens up substantial room for constitutional defense, factual challenges, and procedural arguments that an attorney with local experience and a former prosecutor’s perspective knows how to identify and pursue.

How Florida Statute 790.23 Differs From General Weapons Offenses

Florida Statute 790.23 makes it a second-degree felony for any person who has been convicted of a felony in Florida, any other state, or under federal law to own or possess a firearm, ammunition, or an electric weapon or device. The offense carries a statutory maximum of 15 years in prison and a $10,000 fine. Critically, under Florida’s 10-20-Life mandatory minimum sentencing structure, a person convicted under 790.23 who actually possessed the firearm faces a mandatory minimum of three years. These mandatory minimums are not subject to judicial discretion, which is precisely why the defense strategy must be built before a plea is ever considered.

Unlike assault with a firearm or armed robbery, there is no required nexus between the weapon and any criminal act. This means the charge can arise from a traffic stop, a search of a residence, or even a firearm found in a shared vehicle. Because the charge is so broadly applicable, the constitutionality of how law enforcement discovered the firearm in the first place becomes one of the most consequential defense angles available. The underlying felony conviction itself is also not beyond challenge in certain circumstances, depending on how and where that prior conviction was entered.

One frequently overlooked distinction involves the definition of “possession” under Florida law. Actual possession means the firearm was on the person. Constructive possession applies when the firearm is not physically on the defendant but is within their control and they knew it was there. Constructive possession cases are considerably more defensible because the prosecution must establish both knowledge and dominion, and in shared spaces, those elements are far from automatic.

Fourth Amendment Suppression Arguments That Can Dismantle the State’s Case

The Fourth Amendment’s prohibition against unreasonable searches and seizures is the most powerful tool in felon-in-possession cases. If the firearm was discovered during a traffic stop, the legality of the stop itself is the starting point. Florida courts have been explicit that a traffic stop must be supported by reasonable suspicion of a traffic violation or criminal activity. A stop based on a pretextual reason, a hunch, or an officer’s subjective assessment without articulable facts can result in suppression of any evidence recovered, including the firearm.

Search warrant requirements extend to residences and private property. If law enforcement entered a home without a valid warrant and without a recognized exception, such as exigent circumstances or consent freely and voluntarily given, any evidence recovered is subject to suppression under the exclusionary rule. Consent searches are common in Southwest Florida, and law enforcement agencies sometimes present consent as a formality rather than a genuine waiver of constitutional rights. Whether consent was truly voluntary, informed, and not coerced is a factual and legal question that deserves serious scrutiny.

Vehicle searches present their own Fourth Amendment complexity. The automobile exception allows warrantless searches based on probable cause, but probable cause must exist before the search begins, not after. If an officer discovers a firearm in a locked compartment or closed container during a search that exceeded its lawful scope, that discovery may be suppressible regardless of what it reveals. Drew Fritsch’s background as a former Charlotte and Lee County prosecutor gives him firsthand knowledge of how these searches are conducted and documented, and where the procedural record is most likely to contain exploitable gaps.

The Prior Felony Conviction as an Element the State Must Actually Prove

The prior felony conviction is not a background fact. It is a statutory element of the offense that the prosecution must prove beyond a reasonable doubt. In some cases, the prior conviction was entered in another state, and establishing its equivalency to a Florida felony requires additional legal analysis. Not every out-of-state conviction that is labeled a felony automatically qualifies under Florida’s statute. If the foreign jurisdiction’s maximum penalty does not meet Florida’s definitional threshold, the charge under 790.23 may not survive a motion to dismiss.

There are also situations where prior convictions have been vacated, sealed, or set aside, which can affect their viability as a predicate offense. Additionally, individuals who received a pardon or whose civil rights were restored may have grounds to challenge the application of the statute. These are not common defenses, but they are real ones that require a thorough review of the prior record rather than assumptions based on the face of a charging document.

Federal Charges Can Run Parallel to State Prosecution

An aspect of felon-in-possession cases that surprises many defendants is that the same conduct can be charged under both Florida Statute 790.23 and 18 U.S.C. Section 922(g), the federal felon-in-possession statute. Federal prosecution carries its own sentencing guidelines and does not merge with state charges under double jeopardy principles because separate sovereigns are involved. Federal penalties under Section 922(g) include up to 10 years in federal prison for a base offense, with substantially higher exposure for defendants with prior violent felonies under the Armed Career Criminal Act, which mandates a 15-year minimum for qualifying defendants.

Whether a case will be pursued at the state or federal level depends on factors including where the firearm was manufactured, whether it crossed state lines, and the prosecutorial priorities of the U.S. Attorney’s Office for the Middle District of Florida. Cases arising in Lee and Collier County jurisdictions, which includes the Bonita Springs area, are not immune from federal interest. Understanding which forum is more likely and what the exposure looks like in each is part of the early strategic analysis that must happen before any decisions about plea negotiations are made.

What You Should Know Before Your First Court Date in Lee County

Felon-in-possession charges in Bonita Springs are filed in Lee County, and cases are heard at the Lee County Justice Center located at 1700 Monroe Street in Fort Myers. Lee County is part of the Twentieth Judicial Circuit, which also encompasses Charlotte, Collier, Glades, and Hendry counties. The circuit has active prosecutors and a well-documented approach to weapons-related charges. First appearances typically occur within 24 hours of arrest, and bond conditions in these cases are frequently restrictive due to the nature of the offense.

The timeline between arrest and arraignment provides a narrow but important window for defense counsel to review the police reports, body camera footage, and search documentation before the case takes on procedural momentum. This early review is where suppression arguments are identified and where the decision to challenge the prior conviction, contest constructive possession, or pursue alternative resolution is made on an informed basis rather than under pressure.

Common Questions About Felon in Possession Charges in Southwest Florida

What is the minimum sentence for a felon in possession conviction in Florida?

Under Florida’s 10-20-Life statute, a conviction for felon in possession of a firearm where actual possession is established carries a mandatory minimum of three years in state prison. If the firearm was discharged, the mandatory minimum rises to 20 years. These minimums apply regardless of the circumstances of the case or a defendant’s personal history, and judges have no discretion to impose a lesser sentence once a conviction is entered. This is why pretrial suppression and dismissal motions carry such significant weight in these cases.

Can a felon possess a firearm in Florida if they received a pardon?

A full pardon from the Florida Board of Executive Clemency or from the relevant authority in another state can restore civil rights including the right to possess firearms, but only if the pardon explicitly restores that right. A general pardon or a restoration of civil rights that does not specifically address firearm possession does not remove the prohibition under Florida Statute 790.23. Federal law under 18 U.S.C. 922(g) applies independently, and a state-level restoration does not necessarily satisfy the federal standard.

What does constructive possession mean in a felon-in-possession case?

Constructive possession means the firearm was not on the defendant’s person but was in a location they controlled and knew about. Florida courts require the prosecution to prove both elements independently. If a firearm is found in a shared apartment or a vehicle with multiple occupants, the state must establish that the defendant specifically knew the firearm was present and had the ability and intent to exercise control over it. Proximity alone is not sufficient.

Does an expungement in Florida eliminate the restriction on firearm possession?

No. Florida Statute 943.0585 allows eligible individuals to have records sealed or expunged, which removes them from public view. However, expungement does not restore civil rights or remove the legal disability associated with a felony conviction. A person whose felony record is expunged is still prohibited from possessing a firearm under both Florida and federal law.

Can the firearm charge be challenged if the gun belonged to someone else?

Ownership and possession are separate legal concepts. The prosecution does not need to prove the defendant owned the firearm, only that they possessed it, either actually or constructively. However, establishing that the firearm belonged to another person can be relevant to contesting knowledge in constructive possession cases. If the defendant was unaware the firearm was present and had no reason to know, that lack of knowledge can undermine the prosecution’s ability to prove the knowledge element of constructive possession.

What happens if the firearm charge is combined with drug charges?

When a felon-in-possession charge is accompanied by drug charges, the sentencing exposure increases substantially. Under Florida law, possession of a firearm during a drug trafficking offense can trigger separate mandatory minimums that stack with the underlying drug penalties. Federal prosecutors are also more likely to pursue dual charges in these circumstances. Defense strategy in combined-charge cases requires addressing both the Fourth Amendment search issues and any chain-of-custody or testing deficiencies in the drug evidence simultaneously.

Areas Served Across Lee and Collier Counties

Drew Fritsch Law Firm, P.A. represents clients throughout Southwest Florida, with particular familiarity in the communities that span Lee and Collier counties. Bonita Springs sits along U.S. Highway 41 at the county line, and clients from nearby Estero, Fort Myers, Cape Coral, and Naples regularly work with the firm. The surrounding communities of Lehigh Acres, Marco Island, Immokalee, and Golden Gate are also within the firm’s service area, as are clients from farther north in Port Charlotte and Punta Gorda in Charlotte County. Whether a case originates near the Coconut Point shopping district, along Imperial Parkway, or in the residential neighborhoods west of I-75, the firm’s knowledge of local courts, local prosecutors, and local procedure remains directly applicable.

Speak With a Felon in Possession Defense Attorney in Bonita Springs

Drew Fritsch is an AV-rated defense attorney and former Charlotte and Lee County prosecutor who understands how the state builds these cases and where they are vulnerable. His experience on both sides of the courtroom informs every stage of the defense process, from initial evidence review through suppression hearings and trial. To discuss your situation with a felon in possession lawyer serving Bonita Springs and the surrounding region, contact Drew Fritsch Law Firm, P.A. to schedule a consultation.