Living with a Felon and a Firearm

Having a Firearm in the House with a Convicted Felon

Yes, it is possible for you to live with a felon and a firearm in the same house.  However, the convicted felon cannot possess the firearm.  In Florida, there are two types of possession: actual and constructive.  Actual possession is when someone has exclusive control or custody over the firearm.  Constructive possession is when someone has knowledge of a firearm and the ability to control the firearm.

Control is the Key!

The Florida Standard Jury Instructions define “control” as:

Control can be exercised over a firearm whether it is carried on a person, near a person, or in a completely separate location. Mere proximity to a firearm does not establish that the person intentionally exercised control over it in the absence of additional evidence. Control can be established by proof that a person had direct personal power to control the firearm or the present ability to direct its control by another.

Florida Standard Jury Instructions 10.15  FELONS CARRYING A CONCEALED WEAPON OR POSSESSING [A FIREARM]  [AMMUNITION]  [AN ELECTRIC WEAPON OR DEVICE] § 790.23, Fla. Stat

Having a convicted felon in the house will not prohibit you from obtaining a CWFL or possessing a firearm.  It is possible to live with a felon and a firearm in the same house.  In the home, all firearms must be in the control of a person/people who can legally possess firearms.  The first option is to have the firearm in actual possession of the person allowed to possess it.  In other words, actually physically carried on their body.  A second option is to store the firearm in a place that the convicted felon will not have the ability to control the firearm.  A safe, a locked drawer, a room the convicted felon does not have access to are possible storage areas.

Please visit our website, search our knowledge base, or leave a question for us to answer.  www.thefirearmfirm.com. 

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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