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If you have a felony conviction in your past, Pinellas County is not the place to be casual about guns, ammunition, or weapons.
Florida law draws a hard line here, and locally, these cases are charged quickly and prosecuted aggressively. Even when there’s no allegation that a gun was fired or used to hurt anyone, possession alone is often enough to land someone in serious trouble.
I’ve seen people in Pinellas County arrested on these cases after routine traffic stops, domestic calls, or situations where a firearm was found during a consent search. Sometimes, the person honestly believed they were allowed to have the item. That belief doesn’t carry much weight once charges are filed.
To convict someone under Florida Statute 790.23, the State Attorney’s Office in Pinellas County must prove two things beyond a reasonable doubt:
There does not have to be a shooting. There does not have to be a threat. Possession alone is enough.
This is where many people get surprised.
The conviction:
Pinellas prosecutors can rely on:
From the State’s perspective, this is usually the easy part. Certified copies of prior convictions are enough.
A firearm is not just a handgun or rifle.
Under Florida law, and as applied in Pinellas County courtrooms, a “firearm” can include:
Antique firearms are generally excluded, but that exception is narrow and technical. Some guns that look antique are not legally antique. Others lose the exemption if used in a crime. This is not an area for assumptions.
Pinellas cases often turn on how possession is alleged.
Actual possession means the weapon is on you or within immediate reach—your hand, pocket, backpack, or under your seat.
Constructive possession means the weapon isn’t on you, but the State claims you had control over it or access to where it was found.
This distinction matters. Actual possession can trigger mandatory prison time. Constructive possession may avoid that, but it is still a serious felony.
There are two main ones:
Both exceptions are fact-specific and technical. If you’re relying on either without legal advice, you’re taking a serious gamble.
Possession of a firearm by a felon is a Level 5 offense under Florida’s Criminal Punishment Code.
If the State proves actual possession, Florida’s 10-20-Life law can require:
Constructive possession avoids the mandatory minimum but still carries exposure of up to 15 years.
If the State alleges gang involvement, the charge can be enhanced to a first-degree felony, punishable by up to 30 years in prison.
If you’re arrested or under investigation for a weapons offense in Pinellas County:
A weapons charge can change the trajectory of your life quickly. The sooner you get reliable advice, the more options you usually have. If you’re facing a felon-in-possession or firearm charge in Pinellas County, contact The Denson Firm today for a confidential case review and a clear plan to protect your rights and your future.
In most cases, no. Florida law generally prohibits anyone with a qualifying felony conviction from owning, possessing, or having control over a firearm or ammunition unless their rights have been restored through a lawful process.
You can still be charged if law enforcement believes you had knowledge of the firearm and the ability to control it (often called “constructive possession”). These cases commonly come down to access, location, statements, and who else could have possessed it.
The State may allege you possessed it even without touching it, depending on where it was found, whether you knew it was there, and whether you had control over the area (vehicle, bedroom, closet, bag, etc.).
Traffic stops are a frequent way these cases start. Whether the stop, detention, questioning, and search were lawful can matter a lot and can create defenses or suppression issues depending on the facts.
Often, yes. Under Florida law, possession of ammunition by a felon can be charged similarly and can carry serious consequences.
Mistakes here are common. Restoration can be complex and depends on the specific jurisdiction and the specific rights restored. If you’re unsure, it’s critical to have a lawyer confirm your status before making assumptions.
Florida has an antique-firearm exception, but it’s narrow and fact-specific. Whether an item legally qualifies as “antique” (and whether it was used in a way that affects the exception) can be disputed, so it’s not something to rely on casually.
Actual possession generally means the firearm is on you or in your immediate reach.
Constructive possession generally means it’s not on you, but the State claims you knew it was there and had the ability to control it. The distinction can affect both strategy and exposure.
Not always, some cases can involve minimum mandatory penalties depending on the alleged facts and how possession is charged, but not every case is automatically subject to mandatory time. A case review is the fastest way to understand your real exposure.
These cases often turn on statements, and even “helpful” explanations can be used against you later. It’s typically safer to speak with counsel first.
Don’t discuss the case with anyone besides your attorney, don’t consent to searches, and don’t post about it. Write down what happened (timeline, who was present, where items were found), and contact a lawyer quickly; early intervention can change outcomes.
Local procedures, charging tendencies, and courtroom expectations matter, and a lawyer familiar with Pinellas County can spot practical opportunities that don’t show up in a statute.
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