Can You Have a Gun if You Were Convicted of a Non-Violent Felony?

 Posted on September 14, 2026 in Gun & Weapons Crimes

Florida has strict laws against a convicted felon owning a gun. Even if someone was convicted of a non-violent crime such as theft or drug crimes, they are typically not permitted to own or be in control of a firearm, ammunition, or an electronic weapon. In some cases, a person can regain firearm rights through Florida’s clemency process.

A Broward County, FL criminal defense lawyer can review your record and help you understand what you are and aren’t permitted to do with firearms in 2026.

Does Florida Law Ban Gun Possession After Any Felony?

Florida’s basic ban on firearm possession applies to both violent and non-violent felony convictions. Under Florida Statutes Section 790.23, anyone convicted of a felony commits a crime by owning a firearm, ammunition, or an electric weapon such as a taser. They are also not permitted to have one in their care, custody, or control. This applies to felony convictions from Florida, from another state, or from federal court.

Non-violent felonies that bar someone from possessing a gun in Florida include:

• Tax fraud
• Drug possession or delivery
• Passing bad checks
• Grand theft
• Identity theft

Violating this law is usually a second-degree felony, which can carry up to 15 years in prison.

"Possession" is not limited to having a gun on your person. Having a gun on your person is called "actual possession." If you have a felony conviction, you can also be found guilty of "constructive possession." This means that a firearm is in a place where you know about it and could have access to it, such as your vehicle, even if the firearm belongs to someone else.

How Does Federal Law Treat Gun Possession After a Felony?

Federal law also limits gun possession after a felony conviction. Under 18 U.S.C. Section 922(g)(1), a person convicted of a crime punishable by more than one year in prison generally cannot possess a firearm or ammunition that has traveled in interstate or foreign commerce.

Many firearms have crossed state lines at some point. Because of this, a person could face a separate federal charge in addition to charges under Florida law.

Can You Get Your Firearm Rights Back After a Felony Conviction in Florida?

Florida automatically restores some civil rights after you complete your sentence, but firearm rights are not automatically included in these. Florida has a separate clemency process for restoring firearm authority.

In general, a person must complete all parts of the sentence and wait at least eight years before applying to have firearm rights restored. They also cannot have pending criminal charges and must meet certain requirements involving restitution and other court-ordered payments. After doing these things, you can apply to the Florida Office of Executive Clemency, where your case will be reviewed and your request either granted or denied.

What Happens if You’re Caught With a Gun as a Convicted Felon in Florida?

Possession of a firearm by a convicted felon is generally a second-degree felony in Florida. A conviction can lead to up to 15 years in prison. Repeat offenders can face even more serious penalties under Florida’s sentencing laws. For example, people with certain prior felony convictions can qualify for longer prison sentences as habitual offenders or violent career criminals.

How Can You Defend Against a Felon in Possession of Firearms Charge in Florida?

The defense often focuses on what you knew and how much control you had over the firearm or ammunition. If you did not know the gun was there or did not have control over it, the state could have trouble proving possession. Whether police followed the law during the search and arrest can also affect the case.

If you’re not sure whether an old conviction still limits your rights, talk to a lawyer before you buy, borrow, or keep a firearm.

Call a Fort Lauderdale, FL Firearm Possession Lawyer Today

Firearm restrictions after a felony conviction are strict in Florida. Knowing exactly what applies to your record can help you avoid a new charge.

Our Broward County, FL criminal defense attorney is available 24 hours a day, seven days a week. We offer experienced, aggressive representation while giving each client personal attention. We can travel to you if needed.

Call The Hoffman Firm at 954-524-4474 today to schedule your free consultation.