Daytona Beach Unlawful Firearm Possession Lawyers

Fighting Allegations of Illegally Having a Gun

Florida generally supports the right to bear arms but enforces strict limitations on who may legally own or carry a firearm. Under Florida Statute § 790.23, individuals with prior felony convictions are prohibited from owning, possessing, or controlling a gun, ammunition, or other dangerous weapons. This law applies whether the felony conviction occurred in Florida, another state, or under federal law. Even being near a firearm, such as in a car or home where a weapon is found, can result in charges, depending on the circumstances.

Being charged with unlawful possession of a firearm as a convicted felon is a serious offense. It’s typically a second-degree felony, carrying years of prison time and long-term consequences that affect employment, housing, and civil rights. Navigating these charges requires a strong legal defense, especially when the stakes are this high. At Hager & Schwartz, P.A., we understand the personal and legal challenges you may be facing and are committed to protecting your rights at every step.

If you’ve been accused of unlawful possession of a weapon or firearm, contact us to schedule a free, confidential consultation with an experienced Daytona Beach criminal defense attorney.

What Is Considered Unlawful Possession of a Firearm or Weapon?

Florida gun laws provide that unlawful possession of a firearm or weapon occurs when a person who is legally prohibited, such as a convicted felon, knowingly has control over a gun or other dangerous weapon. Under Florida law, “possession” isn’t limited to physically holding an item. It can also mean having something in your custody or control. Custody or control includes actual possession, where the weapon is on your person, and constructive possession, where the item is in a place you can access and you intend to control it, such as in a vehicle or hidden in a shared residence.

The law also distinguishes between firearms and weapons. A firearm is a device that expels a projectile using an explosive charge, such as a handgun or rifle. A weapon, by contrast, includes a broader category of items designed or used to cause harm. These can consist of knives, dirks (a type of dagger), metallic knuckles, tear gas guns, and other objects considered deadly weapons under the law.

Unlawful possession charges can apply whether the item is a traditional firearm or another type of weapon capable of causing serious injury or death. Because these charges often depend on the facts surrounding possession and intent, they can be legally complex and carry severe penalties. We take the time to review every detail of your case and build a strong defense tailored to your situation.

Penalties for Felon in Possession of a Firearm

In Florida, a convicted felon found in possession of a firearm typically faces a second-degree felony, one of the more serious classifications under state law. 

A conviction can lead to:

• Up to 15 years in prison
• 15 years of probation
• Fines of up to $10,000

These are not minor consequences—this level of punishment reflects how seriously Florida enforces its gun laws, especially when a person with a felony record is involved.

The penalties can escalate for individuals with prior convictions or those accused of a violent offense. In some cases, the charge may be reclassified as a first-degree felony, which carries a potential sentence of up to life in prison. This enhancement is especially true when the unlawful possession is linked to gang activity, drug trafficking, or the commission of another serious crime.

Facing these charges can be overwhelming, but you don’t have to do it alone. We recognize the high stakes, aggressively protect your freedom, challenge the evidence, and explore every possible defense.

Common Defenses to Weapons Charges

When facing weapons charges, it’s essential to know that an arrest does not automatically mean a conviction. Several legal defenses may apply, depending on the circumstances of the case. We carefully review every detail to identify weaknesses in the prosecution’s case.

Common defenses to unlawful possession of a firearm or weapon include:

• Lack of possession or knowledge – The defense may argue that you did not possess the weapon or were unaware it was present, especially in cases involving shared vehicles or residences.
• Illegal search and seizure – The evidence may be inadmissible in court if law enforcement discovered the weapon through an unlawful search or violated your Fourth Amendment rights.
• Mistaken identity or false accusations – In some cases, another individual may have placed the weapon where it was found or falsely accused you of possession.
• Exceptions or mitigating circumstances – The weapon may not have been functional, or you may qualify for a legal exception based on the case's facts.

Each case is unique, and the right defense strategy will depend on a careful analysis of the facts, the evidence, and how law enforcement handled the investigation.

Why Legal Representation Matters

Facing gun charges in Florida without legal guidance can put your future at risk. Florida’s weapons laws are complex, and even a slight misstep in your case could lead to harsh penalties, including prison time and a permanent criminal record. Attempting to navigate the legal system alone, especially after being accused of unlawful possession of a firearm, can leave you vulnerable to aggressive prosecution and limited defense options.

At Hager & Schwartz, P.A., we bring decades of combined experience to each case, including extensive work defending clients charged with weapons offenses in Daytona Beach and throughout Volusia County. We know how local law enforcement operates, how prosecutors build their cases, and what strategies work in courtrooms across the region. Our approach is personalized, thorough, and strategic. Every case receives the full attention it deserves, and every client gets the respect they need during a difficult and uncertain time.

Early legal intervention can make a difference in your case. By acting quickly, we can challenge the evidence, negotiate with prosecutors, and work to reduce or dismiss charges before they progress too far. 

If you or someone you care about is facing weapons charges, don’t wait. Call us or fill out our contact form to schedule a free, confidential consultation. There’s no judgment—just experienced guidance and a strong defense on your side.