Tampa Possession of Firearm By Convicted Felon Attorney
A prior felony conviction follows a person into every corner of their life, but few consequences hit as hard as losing the right to possess a firearm. Florida takes that restriction seriously, and prosecutors in Hillsborough County and the surrounding area treat this charge as a standalone felony, regardless of what the underlying weapon was or whether anyone was harmed. If you have been charged with possession of a firearm by a convicted felon, you are looking at serious prison exposure under both Florida and federal law, often with mandatory minimums attached. Omar Abdelghany of OA Law Firm has handled charges at this level and understands both the state statutes and the federal sentencing frameworks that can come into play when this charge is filed.
What Florida Law Actually Says, And Where It Gets Complicated
Florida Statute 790.23 prohibits any person who has been convicted of a felony from owning or possessing a firearm, ammunition, or an electric weapon or device. A conviction under this statute is a second-degree felony, carrying up to fifteen years in prison. That number, fifteen years, is the top of the range, not some remote theoretical maximum.
What makes this statute broader than many people expect is the definition of “possession.” Florida courts recognize two types. Actual possession means the firearm was on your person, in your hand, in your pocket. Constructive possession is where cases get contested. Prosecutors argue constructive possession when a weapon is found in a car, in a home, or in any shared space where you had access. The state must prove you knew the firearm was there and had the ability and intent to exercise control over it. That second element is often where defense challenges emerge.
There is also the question of what qualifies as a prior felony. Florida counts out-of-state convictions, federal convictions, and juvenile adjudications tried as adult proceedings. Even a guilty plea that resulted in a withheld adjudication in some circumstances can count depending on how that plea was structured. The predicate conviction is not always as clear-cut as the arresting officer assumes.
Federal Law Runs Parallel, And Often Overtakes
Federal prosecutors under 18 U.S.C. 922(g)(1) have independent authority to charge a felon-in-possession case, and they do so regularly in the Tampa division of the U.S. District Court for the Middle District of Florida. The federal version of this offense carries up to ten years, but the Armed Career Criminal Act can push that to a mandatory minimum of fifteen years if the defendant has three or more prior qualifying violent felonies or serious drug offenses. That enhancement is triggered automatically, leaving little room for a judge to exercise discretion.
Omar Abdelghany is licensed in federal court in the U.S. District for the Middle District of Florida and the U.S. District for the Northern District of Florida, so when a case carries both state and federal exposure, the firm is positioned to address both simultaneously rather than treating them as separate problems.
Federal cases under this statute are sometimes initiated after a Task Force investigation, often involving the ATF working with local law enforcement. The Tampa area has seen coordinated enforcement efforts targeting firearms in connection with drug cases and organized crime investigations. When the federal government brings a felon-in-possession charge alongside drug trafficking or racketeering allegations, the sentencing dynamics shift considerably, and early legal intervention matters a great deal.
Where Defense Arguments Tend to Focus
The facts of how law enforcement found the firearm are often the starting point for any defense analysis. Tampa police and Hillsborough County deputies frequently discover weapons during traffic stops, during searches of homes or vehicles connected to other investigations, or during arrests on unrelated charges. In each of those contexts, constitutional questions arise.
A stop that lacked reasonable suspicion, a search that exceeded the scope of a warrant or a consent that was coerced, a vehicle stop that extended beyond its lawful duration, these are not technical loopholes. They are constitutional protections. If the firearm was found because law enforcement acted outside its authority, a suppression motion can result in that evidence being excluded. Without the firearm in evidence, the case often cannot proceed.
Constructive possession cases offer a different avenue. When a gun is found in a shared apartment, a car with multiple occupants, or a storage space accessible to several people, the state must tie the weapon specifically to the defendant. Fingerprints on the weapon, text messages referencing it, proximity at the time of discovery, and witness statements all become relevant. The absence of those links creates reasonable doubt.
There are also cases where the underlying felony conviction itself warrants a closer look. Certain federal and state convictions, depending on how the case was resolved, may not qualify as a predicate offense under the statute. This is particularly relevant for old out-of-state convictions where the records are incomplete or where the disposition was structured in an unusual way.
Questions About This Charge, Answered Directly
Does it matter if the gun belonged to someone else?
It matters, but ownership is not the legal standard. The charge is about possession, not ownership. However, if the firearm clearly belongs to another person and you had no knowledge of it, that goes directly to the constructive possession analysis and can be a central part of the defense.
What if my civil rights were restored after the felony conviction?
Florida has a process for restoration of civil rights, but firearms rights are handled separately and require a specific restoration through the appropriate authority. A general civil rights restoration alone is not enough to permit firearm possession. Whether your rights were fully restored in a legally sufficient way is a factual and legal question worth examining with an attorney.
Can this charge be reduced to something less serious?
Negotiated outcomes are possible depending on the strength of the evidence, the nature of the underlying felony, and the defendant’s full history. Prosecutors sometimes agree to reduced charges when the evidence on possession is not airtight or when constitutional issues create risk for them at trial. Nothing about this charge is automatically non-negotiable, but the outcome depends heavily on what the evidence actually shows.
Will I go to prison if convicted?
A conviction under Florida Statute 790.23 carries up to fifteen years as a second-degree felony. Florida’s sentencing guidelines use a scoresheet system, and a felon-in-possession charge scores points that can result in a mandatory prison sentence depending on prior record. Federal convictions carry additional mandatory minimums in certain situations. An attorney needs to review the specific scoresheet and charging documents to give an honest assessment of the likely sentencing range.
What if I was arrested but the gun was just nearby, not on me?
Location relative to the firearm is one factor in a constructive possession analysis, but it is not the whole picture. Courts look at whether you knew the gun was there, whether you had the ability to control it, and whether there is evidence connecting you specifically to the weapon. Being near a gun is not automatically possession, and this distinction is where many contested cases are actually won.
How does this charge interact with an open drug case?
Prosecutors sometimes use a felon-in-possession charge as leverage in a broader drug case, or they file both charges together and push for consecutive sentences. The interaction between these charges affects plea negotiations, sentencing exposure, and trial strategy. Both charges need to be evaluated together rather than separately.
Will this affect my immigration status?
For non-citizens, a conviction on this charge is almost certainly an aggravated felony under federal immigration law, which carries severe immigration consequences including removal and bars to relief. Immigration exposure must be considered as part of any plea decision, not after one has already been made.
Facing a Felon-in-Possession Charge in Tampa? Start Here.
Omar Abdelghany founded OA Law Firm on the principle that quality representation is not something reserved for a narrow category of defendants. He personally handles every case in the office, which means you work directly with your attorney from the first meeting through the resolution of the matter. He is licensed in Florida state courts and in federal court in the Middle and Northern Districts of Florida. If you have been charged with unlawful possession of a firearm as a convicted felon in Tampa or the surrounding area, contact OA Law Firm to speak with Omar directly about where your case stands and what your realistic options are.
