Can a felon possess an antique firearm?
Yes. Florida law exempts antique firearms, defined as firearms manufactured in or before 1918 or replicas thereof, from the prohibited possession statute, provided the antique firearm is not used in the commission of a crime. However, not all firearms that appear old qualify as antique under the statutory definition, so verification is essential.
Does possession of ammunition also carry a mandatory minimum?
No. Possession of ammunition by a convicted felon is a second-degree felony carrying up to 15 years, but the 3-year mandatory minimum under 10-20-Life applies only to actual possession of a firearm, not ammunition alone.
Can I ever legally possess a firearm after a felony conviction?
Only if your civil rights and firearm authority have been specifically restored through the Florida clemency process, or if your felony conviction has been expunged. A general restoration of civil rights does not automatically restore firearm rights. An 8-year waiting period typically applies before you can apply for firearm authority restoration.
What is the difference between actual and constructive possession?
Actual possession means the firearm was on your person or within your immediate reach and control. Constructive possession means the firearm was in a location you controlled or had access to. Constructive possession requires proof that you knew the firearm was present and could exercise control over it. The distinction determines whether the 3-year mandatory […]
What is the mandatory minimum for felon in possession?
If the prosecution proves actual possession (the firearm was on your person or within ready reach), the mandatory minimum is 3 years in prison under Florida’s 10-20-Life law. If only constructive possession is proven, there is no mandatory minimum, and the judge has discretion within the 0-to-15-year sentencing range.
Is DUI a felony in Florida?
A third DUI within 10 years and a fourth DUI regardless of timing are felonies. DUI causing serious bodily injury and DUI manslaughter are also felonies with substantial prison sentences.
What is the penalty for a first DUI in Florida?
A first DUI carries up to 6 months in jail, fines of $500 to $1,000 (higher with aggravating factors), license suspension of 180 days to 1 year, probation, 50 hours of community service, DUI school, and vehicle impoundment.
Can a first-time DUI be dismissed?
Yes. DUI charges can be challenged on multiple grounds including illegal traffic stops, improper breath test procedures, unreliable field sobriety testing, and insufficient evidence of impairment. Diversion programs may also be available in certain jurisdictions for first-time offenders.
Should I refuse the breath test?
This is a complex decision with significant consequences either way. Refusal results in an automatic license suspension and can be used as evidence at trial. Submitting provides the prosecution with a BAC number. The right choice depends on your specific circumstances, and consulting an attorney helps you understand the implications.
What happens to my license after a DUI arrest?
Your physical license is confiscated and you receive a temporary permit valid for 10 days. You must request a formal review hearing with the DHSMV within those 10 days to challenge the suspension and obtain an extended temporary permit. Missing this deadline results in automatic suspension.
