What is the crime of Felons Carrying a Concealed Weapon or Possessing a Firearm, Ammunition, an Electric Weapon or Device in Florida?

The crime of Felons Carrying a Concealed Weapon or Possessing a Firearm, Ammunition, an Electric Weapon or Device is a First Degree Felony that is punishable by 30 years in prison and a $10,000 fine.

This offense occurs when a:

1. Person had been convicted of a felony.
2. After the conviction, the person knowingly owned or had in his/her care, custody, possession, or control a Firearm, Ammunition, an Electric Weapon or Device or carried a concealed weapon.

“Care” and “custody” mean immediate charge and control exercised by a person over the named object. The terms care, custody, and control may be used interchangeably.

“Knowingly” means with actual knowledge and understanding of the facts or the truth.

“Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason.

A “firearm” means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime.

An “electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

 “Ammunition” means an object consisting of all of the following:

1. A fixed metallic or nonmetallic hull or casing containing a primer.
2. One or more projectiles, one or more bullets, or shot.
3. Gunpowder.

A “concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such manner as to conceal the weapon from the ordinary sight of another person.

Some of the defenses to Felons Carrying a Concealed Weapon or Possessing a Firearm, Ammunition, an Electric Weapon or Device are:

• Person had not been convicted of a felony.  
• Person did not knowingly have possession of Concealed Weapon or a Firearm, Ammunition, or an Electric Weapon or Device.
• Person did not have control of a firearm.  

References:

Castillo v. State: On convicted of a felony.

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