Naples Firearm Possession Defense Lawyer

Experienced Firearm Possession Defense Attorney in Naples

While most Americans are able to lawfully own and use firearms, there are still exceptions. If you have been charged with a firearm possession charge, such as if you have a prior felony conviction or are otherwise prohibited from possessing a gun, there can be severe consequences. A Naples firearm possession defense lawyer can help you understand your charges, build an effective defense strategy, protect your rights, and pursue a favorable outcome.

Day, Gorman & Hopkins, PLLC: Hire a Firearm Possession Defense Lawyer You Can Trust

With a combined total of over 60 years of experience, the skilled attorneys at Day, Gorman & Hopkins have helped countless Floridians defend against serious criminal charges. Founding Attorney Donald Day has over 25 years of experience and has handled cases both at the state and federal level. He has also handled criminal appeals within the State and before the United States Supreme Court.

When Firearm Possession May Lead to Criminal Charges

Florida generally allows individuals to possess firearms, with only a couple of eligibility requirements. In Florida, gun ownership is common, and there is a total of 145,889 registered firearms.

Possessing a firearm can become a criminal offense if you are legally prohibited from possessing one or if other firearm possession laws are violated. Florida prosecutors take these cases seriously due to the extreme harm firearms can cause. In Florida, the firearm injury death rate is 12.7 per 100,000. Some of the most common circumstances that may make owning a firearm a criminal charge include:

• Having a felony conviction. Having a felony conviction is an automatic way to become prohibited from owning a firearm in Florida. Beyond typical felony charges, this can also include delinquent acts that would have been charged as a felony if you were an adult, and crimes against the United States. This offense is a second-degree felony.
• Having a certain criminal charge that prohibits you from firearm ownership. Beyond all felony offenses, certain misdemeanors also result in restricted firearm rights. A conviction for domestic violence, stalking, or cyberstalking results in a final injunction, which makes it a first-degree misdemeanor to possess a weapon.
• Possessing prohibited firearms. Even if you are legally allowed to possess a firearm, the firearm must also adhere to Florida’s firearm possession laws. Examples of firearms or ammo that may be prohibited include bump-fire stocks, machine guns, or short-barreled rifles or shotguns.
• Possessing a firearm during another felony. Carrying, displaying, using, or threatening to use a firearm while committing another felony offense can significantly affect your case. When a firearm is involved, criminal charges may be elevated, and you may receive an increased sentence.

Potential Penalties of Illegal Firearm Possession

Illegal possession of a firearm can range from being a serious misdemeanor to even a felony, depending on the charges and the circumstances of the case. This means offenders often face severe and lasting penalties. Potential consequences of a conviction may include:

• Imprisonment
• Fines
• Probation
• Loss or continued suspension of firearm rights
• A permanent criminal record

In Naples, most of these cases are heard in the Collier County Courthouse at 3315 Tamiami Trail East, Naples. If you are found guilty, a judge can determine the specific penalties for your firearm possession case.

Defense Strategies for a Firearm Possession Case

A strong defense can vary from case to case, as each case involves unique factors. A Naples firearm possession defense lawyer can help you develop a strong legal strategy, which may involve:

• Challenging whether you were actually in control of the firearm
• Arguing that the police used an illegal search or seizure
• Questioning the reliability and admissibility of the prosecution’s evidence
• Proving that you have had your rights restored
• Negotiating a plea deal for reduced charges

FAQs

Is it Worth it to Hire a Firearm Possession Defense Lawyer?

Yes, it is worth it to hire a firearm possession defense lawyer. A lawyer can investigate the circumstances of the arrest, challenge unlawful searches, identify gaps or weaknesses in the prosecution’s evidence, and evaluate whether you are actually legally prohibited from possessing a firearm. This can help them uphold your rights and build a strong defense strategy.

A lawyer can also negotiate with prosecutors and advocate for your case in court, which can help achieve a positive outcome.

How Much Jail Time Can a Convicted Felon Get for Possession of a Firearm in Florida?

The amount of jail time a convicted felon can get for possession of a Firearm depends on the case, but can be up to fifteen years in prison. A judge evaluates the unique facts of a case, including any aggravating and mitigating factors, when determining the sentence. Generally, cases involving violence, serious felonies, or repeated offenses result in higher sentences.

When Can a Felon Get Their Gun Rights Back in Florida?

When a felon can restore their gun rights depends on several factors, including the person’s conviction, sentence, and whether they are eligible for restoration.

It is possible for a felony offender to have their civil rights restored, which also restores their gun rights. Restoration of rights may happen after you receive a full pardon from the Board of Executive Clemency, serve the maximum term of a sentence, or are granted final release by the Florida Commission on Offender Review.

What Does it Mean to Be a Prohibited Person?

Being a prohibited person means you are legally prohibited from possessing firearms or ammunition. This also includes owning, distributing, or using firearms.

In Florida, you may be a prohibited person if you:

• Are a convicted felon
• Are of a certain age and committed a delinquent act that would have been a felony if you were an adult
• Have a domestic violence injunction
• Are addicted to narcotics
• Have mental health issues that impact your ability to safely own a firearm

Speak With an Experienced Naples Firearm Possession Defense Attorney Today

If you are facing a firearm possession charge in Naples, it is important to act quickly to defend your rights. At Day, Gorman & Hopkins, PLLC, we are ready to review your case and begin working with you to determine the next steps. Contact us today to set up a consultation.