This is a situation that people might not have thought about. Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence. Under Florida Statute 790.23, the crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon knowingly cares for, controls, possesses, or owns a firearm.

You have a conviction for a felony or serious misdemeanor.  Because of your criminal record, you cannot legally purchase or possess firearms. However, a significant other, a roommate, or a family member may want to exercise their Second Amendment rights. In many cases, they own a firearm to protect themselves and their residence. Yet, is it unlawful to live with this person when you are barred from gun ownership? Is the person you live with in danger of aiding and abetting the illegal possession of firearms?

First, take note that possession is not the same as ownership. What’s important in these cases is that the convicted felon is not in possession of the firearm. However, you can be guilty of constructive possession if the following are true:
•The felon knows that the firearm was in the home
•The person had the ability to maintain control over the firearm

A felon can be found in possession of a firearm without ever physically handling the gun. Some courts have found people guilty of being a felon in possession of a firearm for this reason. Therefore, if your spouse keeps a loaded gun in the nightstand, and you know it’s there, you can be charged with a crime.[1] Or, there was a case of an individual being found in constructive possession of a firearm when a gun was in the truck of a car he borrowed.[2]

Finally, the person who was a lawful gun owner can potentially be criminally liable. Whether a crime has been committed will depend on the circumstances and state law.

What Should I Do to Avoid Prosecution?

The safest option for felons and their housemates is to avoid having a gun in the house altogether.  Although every case is different, sometimes it’s not worth the risk of criminal charges. Hypothetically, precautions such as locking the gun in a safe – with the non-felon having the key – can be taken. However, some terms of release state that you cannot have a firearm in the residence at all. In most scenarios, a prosecutor could still argue that the felon exercised some sort of control over the gun. Since possession of a firearm can be actual or constructive, it’s usually a lose-lose situation.

If you have a conviction that prevents you from owning a gun, it’s best to consult an experienced attorney. Many ex-offenders can be eligible for firearm rights restoration, depending on the state. Take our updated eligibility test to see if you qualify for this, or one of our expungement services.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you watch the local news, it seems that hit and run crimes are becoming more common. it seems like people panic and leave the scene, where if they just stop and face the situation, things would be a lot easier for them. However, what constitutes the legal definition of a crime?

LEAVING THE SCENE OF AN ACCIDENT

To prove the crime of leaving the scene of an accident the state must prove:
1.Defendant was the driver of a vehicle involved in an accident resulting in property damage, (usually means over $100.00) injury (or death) to any person.
2.Defendant knew, or should have known, that he/she was involved in an accident.
3.Defendant knew or should have known, of the damage, injury or death.
4.Defendant willfully failed to stop at the scene of the accident, or as close to the accident as possible, and remain there until he/she had given identifying information to the other driver, injured person, or police.
5.Defendant willfully failed to render reasonable assistance to the inured. This means not taking steps to aid the person or minimize the amount of damage.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.