Naples Felon in Possession of a Firearm Lawyer

Drew Fritsch has spent years handling weapon-related charges across Southwest Florida, and cases involving felons and firearms follow a distinct pattern that is worth understanding from the start. The charges are federal or state, sometimes both, and the government’s approach to prosecution is rarely casual. A Naples felon in possession of a firearm lawyer who has worked on both sides of these cases, as Drew Fritsch has through his years as a former Charlotte and Lee County prosecutor, understands precisely how law enforcement builds these cases and where they frequently fall apart. That prosecutorial background is not incidental. It shapes the entire defense approach, from the first review of the arrest report to the final arguments at trial or sentencing.

What the Government Must Prove Before a Conviction Stands

Florida Statute 790.23 and the federal counterpart under 18 U.S.C. § 922(g) both require the prosecution to establish specific elements before a conviction is valid. The state must prove that the defendant had a prior felony conviction, that the defendant knowingly possessed a firearm or ammunition, and that the object in question legally qualifies as a firearm under Florida law. Each of those elements is a potential point of challenge. “Possession” is not always as straightforward as it sounds, and the distinction between actual possession and constructive possession is one of the most contested issues in these cases.

Constructive possession applies when a firearm is not found directly on a person but is instead located nearby, such as in a vehicle, a home, or a shared space. To establish constructive possession, the state must prove both that the defendant knew the firearm was there and that the defendant had the ability and intent to exercise control over it. When a weapon is found in a location accessible to multiple people, proving exclusive dominion becomes genuinely difficult. That gap in the prosecution’s case is where a focused defense can gain ground.

The underlying felony conviction itself is also subject to scrutiny. If a prior conviction was obtained through a plea that lacked adequate advisement, or if the conviction has been vacated or sealed, its validity as a predicate offense may be challenged. This is a less commonly explored avenue, but it is a legitimate one in cases where the record of the prior offense contains procedural irregularities.

Fourth Amendment Search Issues That Directly Shape These Cases

A substantial number of felon-in-possession charges originate from traffic stops, residential searches, or street encounters. In each of those contexts, the Fourth Amendment’s prohibition against unreasonable searches and seizures applies with full force. Florida courts, including those in the Twentieth Judicial Circuit which handles Collier County cases out of the Collier County Courthouse on Tamiami Trail East in Naples, regularly address suppression motions in weapons cases. When law enforcement locates a firearm through an unlawful stop or an improperly executed search, the evidence obtained may be excludable under the exclusionary rule.

Traffic stops that lack reasonable suspicion, pat-downs that exceed the scope of a Terry stop, and residential searches conducted without a valid warrant or a recognized exception all create grounds for suppression. The question is not simply whether an officer acted in good faith. Under Florida and federal case law, the constitutional standard requires that the stop, search, or seizure be independently justified. If the firearm was only discovered because of an unlawful intrusion, the defense has a substantial basis for challenging the entire prosecution before the case ever reaches a jury.

Vehicle searches deserve particular attention in Collier County. Law enforcement agencies operating along U.S. 41, Collier Boulevard, and Interstate 75 frequently encounter individuals during traffic stops where subsequent searches yield weapons. Whether those searches were conducted pursuant to consent, probable cause, or incident to arrest matters enormously. Consent that was not freely and voluntarily given, or probable cause built on unreliable informant tips, are both grounds for suppression that Drew Fritsch evaluates carefully in every case of this type.

Federal Charges Versus State Charges and Why the Difference Matters

One aspect of felon-in-possession cases that surprises many defendants is that federal prosecutors can and often do charge these offenses independently of state proceedings. Federal charges under 18 U.S.C. § 922(g) carry significant minimum mandatory sentences, and the Armed Career Criminal Act can elevate a standard felon-in-possession charge to a minimum 15-year sentence when a defendant has three or more prior convictions for serious drug offenses or violent felonies. Federal sentencing guidelines do not operate the way state guidelines do, and the absence of parole at the federal level means that a sentence handed down in federal court is largely what will actually be served.

Under Florida law, felon in possession of a firearm is classified as a second-degree felony, carrying a maximum of 15 years in prison. Florida’s 10-20-Life sentencing structure historically imposed mandatory minimums based on firearm use during other crimes, though legislative reforms have modified how those minimums apply in certain circumstances. Even with those reforms, state convictions carry substantial penalties and create lasting consequences for employment, housing, and civil rights.

When a case carries both federal and state exposure, the defense strategy must account for both prosecutorial tracks simultaneously. Decisions made early in a state proceeding, including what statements are made and what motions are filed, can affect positioning in a parallel federal matter. That dual-track reality is something Drew Fritsch addresses directly with clients facing charges in the Naples area.

How the Prior Felony Record Intersects With Due Process Protections

The Fifth Amendment and due process protections are not abstract principles in felon-in-possession cases. They have direct application in how prior convictions are presented and how defendants are notified of the consequences that flow from those prior records. In Rehaif v. United States, decided by the U.S. Supreme Court in 2019, the Court held that in federal felon-in-possession prosecutions, the government must prove the defendant knew of their status as a felon at the time of possession. This is a meaningful limitation that has affected federal prosecutions since the decision issued, particularly in cases involving individuals who may not have understood that a prior plea or conviction classified them as a prohibited person under federal law.

Florida courts approach the knowledge element somewhat differently, but the Rehaif decision has opened procedural challenges in federal cases that did not exist before. Defendants who entered prior guilty pleas without full advisement of collateral consequences, including the loss of firearm rights, may have grounds for challenging whether the predicate conviction was constitutionally valid as a basis for the current charge. These arguments require detailed analysis of the prior case record, which is exactly the kind of methodical review this firm undertakes from the outset of representation.

Questions Worth Asking Before Hiring a Defense Attorney for This Charge

What is the difference between actual and constructive possession in a firearm case?

Actual possession means the firearm was physically on the defendant’s person at the time of discovery. Constructive possession applies when the firearm is found in a location the defendant did not physically have on them, such as a car’s glove compartment or a closet in a shared residence. To prove constructive possession, the state must establish that the defendant knew the firearm was there and had the ability to exercise control over it. When multiple people had access to the location, constructive possession becomes genuinely contested.

Can a felon in possession charge be dismissed if the search was unlawful?

Yes, if law enforcement discovered the firearm through a search that violated the Fourth Amendment, the evidence may be suppressed through a motion filed with the court. If the firearm is suppressed, the state typically cannot proceed with the charge. The success of a suppression motion depends on the specific facts of the stop or search, which is why a thorough review of the police report, body camera footage, and any warrant documentation is essential early in the case.

Does a Florida felon in possession charge always result in prison time?

Not necessarily, though it is a serious felony charge that carries up to 15 years in prison under Florida law. The actual outcome depends on factors including the defendant’s prior record, the circumstances of the possession, whether a plea agreement is available, and whether viable defenses exist. Cases where constructive possession is disputed, or where the underlying search was questionable, often resolve differently than cases involving direct possession with no procedural defects.

What happens if federal and state charges are both filed for the same incident?

Both proceedings can move forward simultaneously without violating double jeopardy protections because federal and state governments are considered separate sovereigns. The practical challenge is managing both cases at the same time, with different prosecutors, different courts, and different sentencing frameworks. Federal penalties under the Armed Career Criminal Act can be substantially more severe than state penalties, so identifying which forum represents the greater risk and addressing it strategically is critical.

How does the Rehaif decision affect federal felon in possession cases?

The Supreme Court’s 2019 ruling in Rehaif v. United States requires federal prosecutors to prove the defendant knew they were a felon at the time of possession. Before this decision, federal courts generally did not require proof of that knowledge. Since Rehaif, defendants who were not properly advised of their status as prohibited persons, or who genuinely lacked knowledge that their prior conviction triggered the federal firearms prohibition, have a basis to challenge the sufficiency of the government’s evidence.

Can a prior felony conviction be challenged as a predicate offense?

In limited circumstances, yes. If the prior conviction was obtained through a constitutionally defective proceeding, has been vacated, or was the result of a plea that lacked proper advisement, it may be subject to challenge as a predicate offense in the current case. This is a case-specific analysis that requires a full review of the prior court record. It is not a commonly available defense, but in appropriate cases it is a legitimate one that deserves evaluation.

Communities Across Collier County and Southwest Florida This Firm Serves

Drew Fritsch Law Firm, P.A. represents clients facing weapon charges throughout Collier County and the surrounding region. That includes Naples proper as well as Marco Island to the south, where access to U.S. 1 and State Road 951 brings its own law enforcement presence. North Naples, East Naples, and the Golden Gate area are all within the firm’s regular service area, as is Immokalee to the northeast, an agricultural community with its own distinct law enforcement dynamics. The firm also handles cases arising from Bonita Springs and Estero, which sit along U.S. 41 at the border of Lee and Collier counties. Clients from Ave Maria, a planned community east of Immokalee, as well as from Port Charlotte and Punta Gorda in Charlotte County, have worked with the firm. The breadth of this coverage is not simply geographic. It reflects familiarity with how cases are handled across multiple courts and by multiple prosecutorial offices throughout Southwest Florida.

Speak With a Naples Firearm Defense Attorney About Your Case

Drew Fritsch Law Firm, P.A. accepts felon in possession cases at both the state and federal levels. The firm’s background as a former prosecutor in Charlotte and Lee counties provides direct insight into how these charges are built and where they are most effectively challenged. If you are facing a felon in possession of a firearm charge in Naples or elsewhere in Collier County, contact the firm to schedule a consultation and discuss the specific facts of your case with an experienced Naples firearm defense attorney.