Jacksonville Criminal Lawyer Blog
In Florida, if a person has been convicted of a felony crime, it is thereafter illegal for that person to possess a firearm (or ammunition) or carry a concealed weapon. There are distinctions between those two crimes. The first part deals with possession and firearms (although it should be noted that ammunition and electric weapons are also included in this crime). Possession means more than just having the firearm on one’s person. The firearm can be in the person’s car or home or in proximity to the person, and if the state can prove the person knew it was there and maintained some control over the firearm, the state may be able to prove the person was in possession of the firearm. In that case, the person can be charged with possession of a firearm by a convicted felon.
The other crime referenced in this statute deals with carrying weapons. Carrying is certainly narrower than possession. To prove that a convicted felon was carrying a concealed weapon, the state must prove that the person actually had actual possession of the weapon. It is not enough for the state to prove the person had a weapon near him/her or had it in his/her home or vehicle. But the second part is broader. A weapon is not limited to a firearm. It can include a knife or boxcutter or something similar that can be used to cause a serious injury to someone. Of course, not every convicted felon carrying a knife or boxcutter is committing a serious crime. Some people use those items to work, eat and perform routine activities. However, if the state can prove that the person is a convicted felon and is carrying a concealed knife, boxcutter or similar item for use as a weapon, then the state may be able to prove the crime of possession of a concealed weapon by a convicted felon.