Tampa Felon in Possession of a Firearm

A prior felony conviction already changed your life once. A firearm charge on top of that record can feel like the walls closing in fast. Felon in possession of a firearm is one of the most aggressively prosecuted gun charges in Florida, and both state and federal prosecutors in Tampa take it seriously. The penalties are steep, the mandatory minimums are real, and the path to a strong defense requires understanding exactly what the government has to work with before making any decisions about how to proceed. Omar Abdelghany at OA Law Firm handles these cases directly and has defended clients against gun charges throughout the Tampa Bay area.

What Florida Law Actually Says About Felons and Firearms

Florida Statute 790.23 makes it a second-degree felony for any person who has been convicted of a felony to own or possess a firearm, ammunition, or an electric weapon or device. A second-degree felony in Florida carries up to fifteen years in prison. That alone would be enough to command attention, but the statute also interacts with Florida’s 10-20-Life law in ways that can dramatically increase exposure.

Under 10-20-Life, if a person possesses a firearm while committing certain enumerated crimes, the mandatory minimum climbs to ten years. If the firearm is discharged, that floor rises to twenty years. These minimums are not suggestions, and judges have very limited discretion to go below them once the enhancement applies.

Beyond the state charge, federal prosecutors in the Middle District of Florida routinely bring felon-in-possession cases under 18 U.S.C. § 922(g). Federal sentencing guidelines for this charge are calculated using a point system that accounts for the nature of the prior felony and any additional conduct surrounding the firearm. A prior drug trafficking conviction, for example, can push the advisory guideline range considerably higher than a property offense would. Omar is licensed in federal court in the U.S. District for the Middle District of Florida and handles both state and federal versions of this charge.

How These Cases Get Built Against a Defendant

Prosecutors do not need a violent incident to pursue a felon-in-possession charge. A traffic stop where an officer finds a gun in the vehicle, a domestic disturbance call where a firearm is visible in the home, a search of a residence pursuant to a warrant in an unrelated investigation, all of these are common starting points for this type of charge in Tampa.

The government’s case typically depends on two things: proof of the prior conviction and proof of possession. The prior conviction piece is usually straightforward since court records are accessible. The possession piece is where the real legal work happens. Florida and federal law both recognize two types of possession: actual and constructive. Actual possession means the firearm was on the defendant’s person. Constructive possession is a much broader theory, and it is where many of these cases turn into genuine disputes.

To establish constructive possession, the prosecution must show that the defendant knew the firearm was present and had the ability and intent to exercise control over it. This is easier to allege than to prove. A gun found in a shared apartment, a car with multiple occupants, or a common area used by several people creates real questions about who actually exercised dominion over the weapon. These are the factual gaps that a careful defense investigation can open up.

Defense Angles That Actually Come Up in These Cases

The constitutional framework matters here in concrete ways. If law enforcement found the firearm through a search, the legality of that search has to be examined. Was there a valid warrant? If not, did the officers have genuine probable cause or a recognized exception? Was the stop that led to the discovery lawful in the first place? If the search violated the Fourth Amendment, the firearm and any related evidence may be suppressible. A motion to suppress that succeeds can end the case before it ever reaches a jury.

The question of whether a prior conviction actually qualifies as a disqualifying felony is also worth examining carefully, particularly in cases where a defendant was convicted in another state. Some out-of-state convictions do not translate neatly into Florida’s sentencing structure. Additionally, if a prior conviction was expunged, vacated, or the defendant’s civil rights were restored under the laws of the state where conviction occurred, that can affect whether the firearms prohibition applies.

In federal cases, the Supreme Court’s recent decisions on what constitutes a predicate offense under the Armed Career Criminal Act have created real opportunities to challenge sentence enhancements that were once considered airtight. These are technical arguments that require close attention to how prior convictions were charged and adjudicated, not just what they were called.

Finally, there is the question of knowledge. In a constructive possession case, the government has to prove the defendant actually knew the firearm was there. If the firearm was well-hidden and there is no evidence linking the defendant to awareness of it, the knowledge element may be genuinely contestable.

Questions About Felon-in-Possession Charges in Tampa

Does a felony from another state count as a disqualifying conviction under Florida law?

Generally, yes. Florida Statute 790.23 applies to convictions “under the laws of this state, the United States, or any other state, territory or country.” However, whether a specific out-of-state offense qualifies depends on how it is classified and whether civil rights restoration has occurred under the laws of that jurisdiction. This is a factual and legal question that deserves careful analysis in each case.

What happens if the gun was legally registered to someone else in the same home?

Registration does not determine possession for purposes of this statute. What matters is whether the government can prove you had knowledge of the firearm and the ability and intent to control it. A gun belonging to a spouse or roommate that was kept in a shared space can still result in charges, though it also creates significant room to challenge the constructive possession theory.

Can this charge be expunged or sealed after the fact?

Florida has limited expungement eligibility, and a felony conviction generally cannot be expunged or sealed. If the case is dismissed or results in an acquittal, expungement may be available depending on the circumstances. This makes fighting the charge at the outset significantly more valuable than trying to clean up the record later.

Is there any way to get a federal felon-in-possession charge reduced?

Federal plea negotiations sometimes result in charges being reduced or certain enhancements being dropped in exchange for cooperation or other considerations. Whether that is the right path depends on the strength of the government’s evidence, the defendant’s criminal history, and a careful analysis of the likely trial outcome versus the likely plea outcome. There is no universal answer, and the decision has to be made with full information about both options.

What does it mean that Omar handles all matters personally?

At OA Law Firm, Omar Abdelghany personally handles every aspect of each case from start to finish. That means the attorney who evaluates your situation, files your motions, and appears in court on your behalf is the same person you speak with directly, not a paralegal or a junior associate passing information up the chain. For a charge this serious, direct attorney access matters.

How does a felon-in-possession conviction affect immigration status?

A felon-in-possession conviction is an aggravated felony under federal immigration law and carries severe consequences for non-citizens, including mandatory deportation and permanent bars to re-entry. Anyone who is not a U.S. citizen facing this charge needs to understand the immigration dimension from the very beginning, not after a plea has already been entered.

Can the charge be dismissed if the firearm was found without a warrant?

A warrantless search does not automatically result in dismissal, but it does trigger a Fourth Amendment analysis. If the search does not fit within a recognized exception, evidence obtained through it may be suppressed. Without the firearm in evidence, the prosecution’s case may not survive. Whether a suppression motion is viable depends entirely on the specific facts of how the search was conducted.

Defending a Tampa Firearm Possession Charge After a Prior Conviction

OA Law Firm represents clients facing felon in possession of a firearm charges at both the state and federal level throughout the Tampa Bay area. Omar Abdelghany reviews the police reports, investigates the circumstances of the stop or search, examines the prior conviction record, and identifies every viable defense before advising on next steps. If you are dealing with this charge, call OA Law Firm around the clock to speak directly with Omar about what your options actually look like.