Florida Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Florida, consult a licensed Florida criminal defense attorney.

Florida Illegal Weapons Possession Penalties

OffensePenalty
First Offense3rd degree felony: up to 5 years (felon in possession)
Second Offense2nd degree felony: up to 15 years (convicted of violent crime)

FL Stat. §790.23; 10-20-Life statute mandatory minimums for weapon use in crimes

Illegal Weapons Possession Statute of Limitations in Florida

In Florida, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all Florida statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Florida

Common defenses in Florida illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.

Related Florida Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication