Lutz Felon in Possession of a Firearm
A federal or state firearms charge following a prior felony conviction is one of the most unforgiving areas of criminal law. The penalties are steep, the prosecutorial resources are substantial, and the margin for error in your defense is narrow. For residents of Lutz and the surrounding Pasco and Hillsborough County areas, a Lutz felon in possession of a firearm charge can mean years in federal prison, even for someone whose underlying felony was nonviolent and years in the past. What happens next depends heavily on the decisions made early in the case.
What Florida and Federal Law Actually Criminalize
Florida Statute 790.23 prohibits any person convicted of a felony from owning or possessing a firearm or ammunition. The offense is classified as a second-degree felony under state law, carrying up to fifteen years in prison. That baseline alone is serious. But in many Lutz cases, the charge comes at the federal level under 18 U.S.C. § 922(g)(1), which criminalizes firearm possession by anyone with a prior felony conviction. Federal courts have mandatory minimum sentencing structures that can elevate exposure dramatically depending on the defendant’s record.
The Armed Career Criminal Act adds another layer. A defendant with three or more prior convictions for violent felonies or serious drug offenses faces a mandatory minimum of fifteen years under federal law, with no possibility of relief through early release in the same way state sentences allow. A prior conviction for burglary, a drug trafficking charge, or an assault with a weapon can trigger ACCA enhancement before the judge has any discretion.
What counts as “possession” is also broader than most people assume. Actual possession means the firearm is on your person. Constructive possession means prosecutors argue you had knowledge of the firearm and the ability to exercise control over it, even if it was in a car, a home, or a bag that also belonged to someone else. Constructive possession cases are frequently contested, and the government’s proof on that element can often be challenged.
How These Charges Move Through Pasco and Hillsborough Courts
Lutz sits along the Pasco and Hillsborough County line. Depending on where the alleged offense occurred, a state-level charge may be filed in either the Pasco County Circuit Court in New Port Richey or the Hillsborough County Circuit Court in Tampa. Federal charges go to the U.S. District Court for the Middle District of Florida, where Omar Abdelghany of OA Law Firm is licensed to practice.
Federal investigations involving firearms often move slowly before charges appear. Law enforcement may conduct a longer investigation, particularly when the firearms charge is attached to a drug trafficking or organized crime investigation. By the time an arrest happens, agents may have gathered substantial evidence. That does not mean the case is closed. Constitutional challenges to how that evidence was obtained remain available regardless of how thorough the investigation appears.
State cases tend to move faster. After an arrest, the arraignment comes quickly, and the window for suppression motions and early plea negotiations opens in the weeks that follow. Missing that window without a plan already in place is a costly mistake.
The Restoration of Rights Question
One issue that comes up repeatedly in felon in possession cases is whether the defendant’s civil rights, including firearm rights, were ever legally restored. Florida has a process through which a person convicted of a felony can have their civil rights restored by the Governor and Cabinet. If firearm rights were specifically restored, that restoration can be a complete defense to a state charge under Florida Statute 790.23.
Federal law is a different matter. Federal courts have consistently held that even if a state restores civil rights, federal firearms disabilities may still apply unless the restoration expressly includes the right to possess firearms and meets the standards set out in federal statutes. The interaction between state restoration and federal law is a nuanced area, and getting it wrong in either direction has consequences. If your rights were restored at some point, that history needs to be fully examined, not assumed away.
Separately, whether the prior conviction actually qualifies as a predicate felony for purposes of the federal statute has become a more active area of litigation following recent Supreme Court decisions examining what kinds of prior offenses can serve as the basis for a firearms conviction. Prior convictions that seemed to automatically trigger a firearm disability may face new scrutiny depending on the statute of conviction and the conduct underlying it.
Questions People in Lutz Ask About This Charge
Can I be charged as a felon in possession if the firearm was not mine?
Yes. Prosecutors regularly file charges based on constructive possession, meaning they argue you had access to and control over the firearm even if it belonged to someone else. The charge does not require ownership. However, constructive possession must be proven, and defense attorneys can challenge whether the government has sufficient evidence that you actually exercised or intended to exercise control over that specific weapon.
Does it matter how old my felony conviction is?
Under both Florida and federal law, there is no statute of limitations on the underlying conviction that creates the disability. A felony from twenty years ago creates the same firearm prohibition as a conviction from last year, unless rights were properly restored in the interim. The age of the prior conviction may affect sentencing arguments, but it does not remove the prohibition.
What if the police found the gun during an illegal search?
If law enforcement violated your Fourth Amendment rights during the search or seizure that produced the firearm, a motion to suppress may be the strongest tool in your defense. If the evidence is suppressed, the prosecution often cannot proceed. The key is examining exactly how officers came to find the weapon, what their legal justification was, and whether that justification holds up under scrutiny.
Could I face both state and federal charges for the same incident?
Yes. The Double Jeopardy Clause does not prevent both state and federal prosecution for conduct that violates both sets of laws. In practice, federal and state prosecutors sometimes coordinate, and not every case results in parallel prosecution. But the possibility is real, and it shapes how defense strategy should be developed from the beginning.
What is the actual sentencing range if convicted federally?
Under 18 U.S.C. § 922(g), the standard maximum is ten years in federal prison. If the Armed Career Criminal Act applies, the mandatory minimum jumps to fifteen years. Federal sentences are served at eighty-five percent, meaning there is no early release in the same way as state sentences. Sentencing guidelines also account for the type of firearm involved, whether it was loaded, and the criminal history score, which can push the guidelines range well above the minimum.
Is it possible to get a felon in possession charge reduced or dismissed?
Yes, though the path depends on the facts. Suppression of illegally obtained evidence, challenges to whether the prior conviction qualifies under the statute, disputes about possession, and questions about whether rights were restored are all avenues that can lead to dismissal or reduction. Early negotiation with prosecutors, particularly in state court, can also produce plea agreements that reduce the severity of the outcome, especially for defendants with limited prior history and no connection to other criminal activity.
Does OA Law Firm handle cases in federal court?
Yes. Omar Abdelghany is licensed in the U.S. District Court for the Middle District of Florida, which covers the Tampa area and handles federal firearms cases arising from incidents in Lutz and surrounding communities. He handles all matters personally, meaning your defense is not delegated to an associate.
Talk to a Lutz Firearms Defense Attorney Before Deciding Anything
A firearms charge with a prior felony on your record is the kind of case where the difference between a solid defense and a passive one can be measured in years of your life. Omar Abdelghany founded OA Law Firm on the principle that every defendant, regardless of what they are charged with, deserves direct and thorough representation. He personally handles all client matters, returns calls and emails promptly, and will make sure you understand exactly what you are facing and what your realistic options are. If you or someone close to you is dealing with a Lutz felon in possession of a firearm charge in state or federal court, contact OA Law Firm today to discuss the case directly with Omar.
