Hillsborough County Felon in Possession of a Firearm

A prior felony conviction follows a person in ways that go far beyond the sentence itself. One of the most serious collateral consequences is the permanent loss of the right to possess a firearm under both Florida and federal law. For someone who has already served their time and moved on with their life, a Hillsborough County felon in possession of a firearm charge can feel like a second punishment arriving years later. These cases are prosecuted vigorously, the minimum mandatory sentencing exposure is real, and the decisions made in the first days after an arrest shape what happens next. Omar Abdelghany of OA Law Firm defends people charged with firearm offenses throughout Hillsborough County and the surrounding Tampa Bay area.

What Florida Law Actually Requires the State to Prove

Florida Statute 790.23 makes it a second-degree felony for anyone who has been convicted of a felony, or found delinquent for an act that would be a felony if committed by an adult, to own or have in their care, custody, possession, or control any firearm or ammunition.

The statute sounds broad, and it is. But the State still has to prove specific elements. First, it must establish that a qualifying prior conviction actually exists. Second, it must prove the defendant possessed the firearm. Possession can be actual, meaning the firearm was on the person, or constructive, meaning the defendant knew about the firearm and had the ability to exercise control over it. Constructive possession is where these cases frequently turn. Simply being in the same car or room as a firearm is not, by itself, enough to sustain a conviction.

A second-degree felony under Florida law carries up to fifteen years in prison. If the firearm qualifies as a short-barreled rifle, short-barreled shotgun, machine gun, or destructive device, the charge elevates to a first-degree felony with up to thirty years. Federal charges under 18 U.S.C. § 922(g) run parallel to state charges and carry their own sentencing framework, including potential enhancements under the Armed Career Criminal Act if the person has three or more qualifying prior convictions. Omar is licensed in federal court in both the Middle and Northern Districts of Florida and handles cases on both tracks.

How These Cases Come to Charges in Hillsborough County

Felon in possession charges in Hillsborough County arise from a handful of common scenarios, and understanding which one applies matters for defense strategy.

Traffic stops are the most frequent origin. Law enforcement stops a vehicle for a minor traffic violation, develops grounds to search, and locates a firearm. When multiple people are in the car, the question of who possessed the weapon becomes genuinely contested. Prosecutors often charge everyone with a prior felony conviction in the vehicle unless the evidence clearly links the weapon to one person.

Domestic disturbance calls are another common origin. When officers respond to a reported domestic incident and locate a firearm in the home, anyone present with a prior felony can face charges, even if the firearm was legally purchased by a different household member.

Some cases originate from probation or parole searches. Conditions of supervision often allow warrantless searches of a person’s home or vehicle, and anything discovered during those searches can form the basis of new charges. The admissibility of evidence obtained during these searches depends on whether the search conditions were validly imposed and whether officers actually complied with them.

Hillsborough County cases go through the Thirteenth Judicial Circuit in Tampa. The State Attorney’s Office for that circuit handles prosecution, and cases with federal elements may be referred to the U.S. Attorney’s Office for the Middle District of Florida, which also operates out of Tampa.

Defense Arguments That Can Actually Matter

These cases are not automatically unwinnable just because a prior conviction exists. The prior record is typically stipulated or easily proven, which means the defense focus shifts to possession and to whether law enforcement followed the rules in gathering the evidence.

Challenging actual versus constructive possession is often the most productive path. If the firearm was in a shared space, if multiple people had equal access, or if no fingerprints or DNA link the defendant to the weapon, the State’s case may be weaker than the arrest report suggests. The absence of the defendant’s identifying information on the firearm, combined with testimony or records showing someone else had control of it, can raise a reasonable doubt.

Search and seizure issues arise regularly. If the stop that led to the discovery of the firearm was unlawful, any evidence obtained as a result of that stop may be suppressed. The same analysis applies to searches of homes, vehicles, and personal effects. A motion to suppress, if successful, can leave the State without admissible evidence to proceed.

In some cases, the underlying prior conviction may itself be subject to challenge. If the prior felony was vacated, sealed, or if the defendant’s civil rights were restored, the predicate element of the charge may not hold. This is a fact-specific inquiry that requires pulling the records from the prior case.

Omar investigates the police reports, the chain of custody for the firearm, the circumstances of the stop or search, and the details of the prior conviction before evaluating which defenses apply. No two of these cases are identical, and the defense that works in one situation may be irrelevant in another.

Questions People Ask About These Charges

Does it matter if the firearm belonged to someone else?

Yes. Ownership and possession are different concepts under Florida law. The State must prove possession, not ownership. If the firearm was owned by another person and the defendant did not have knowledge of it or control over it, that is a defense to the charge. The difficulty is that defendants who claim they did not know about the firearm often face credibility challenges, particularly if it was found in a bag, a car, or a room they regularly used.

What if the prior felony was from another state or was a federal conviction?

Florida Statute 790.23 applies to felony convictions from any jurisdiction, including other states and federal court. The definition of what qualifies as a disqualifying offense follows Florida law, but out-of-state convictions that would have been felonies under Florida law count. This is an area where careful review of the prior conviction record is necessary.

Can these charges be reduced or dismissed before trial?

In some cases, yes. Pre-trial motions, particularly motions to suppress evidence, can result in dismissal if the court agrees the evidence was unlawfully obtained. Plea negotiations sometimes result in reduced charges, particularly when the evidence on possession is disputed or the prior conviction was nonviolent and dated. The specific facts of each case determine what is realistic.

Will I face federal charges instead of state charges?

It depends on how the case is investigated and referred. Both the Hillsborough County State Attorney’s Office and the U.S. Attorney’s Office for the Middle District of Florida have authority to bring these charges. Federal prosecution is more likely when the firearm crossed state lines, when the case is part of a broader investigation, or when the defendant has a significant prior record. Federal sentencing guidelines can produce longer sentences than state courts, particularly for defendants who qualify as armed career criminals.

Does having a concealed carry permit from before my conviction help?

No. A felony conviction automatically revokes eligibility for a concealed carry permit under Florida law. Any prior permit is void, and holding a permit that was issued before the conviction was entered does not provide a defense.

What happens to other charges that might be filed alongside this one?

Felon in possession charges are frequently accompanied by other charges arising from the same incident, such as drug possession if a controlled substance was also found, or resisting an officer. Each charge is evaluated separately, but they interact during plea negotiations and at sentencing. Resolving the accompanying charges sometimes affects how the firearm charge is treated.

How quickly do I need to act after an arrest?

Quickly. Evidence can be reviewed, witnesses can be located, and potential issues with the search or stop can be identified and preserved for a suppression motion. Delays make that work harder. The arraignment in Hillsborough County circuit court is typically set within a few weeks of arrest, and decisions made before that date affect the trajectory of the case.

Defending Gun Charges in Tampa and Hillsborough County

OA Law Firm handles firearm charges for defendants throughout Hillsborough County, including cases in Tampa and surrounding communities within the Thirteenth Judicial Circuit. Omar Abdelghany personally manages every case in the office, which means the attorney who meets with you is the attorney who appears in court and handles the details of your defense. He is licensed in all Florida courts and in federal court in the Middle District of Florida, which covers the Tampa Bay area. If you have been arrested on a felon in possession of a firearm charge in Hillsborough County, contact OA Law Firm to speak directly with Omar about what the evidence shows and what options exist.