Use of firearms by felons
It is illegal in Florida for convicted felons to
possess firearms, including muzzleloading
guns, unless the convicted felon has had
his/her civil rights restored by the state’s
Clemency Board or the firearm qualifies
as an antique firearm under Florida statute
790.001(1). Properly licensed convicted
felons may hunt with bows, crossbows or
antique firearms per Florida statute 790
during hunting seasons when such devices
are legal for taking game.
The 2005 Florida Statutes Title XLVI,
Section 790.001(1) states “Antique firearm
means any firearm manufactured in
or before 1918 (including any matchlock,
flintlock, percussion cap or similar early
type of ignition system) or replica thereof,
whether actually manufactured before or
after the year 1918, and also any firearm
using fixed ammunition manufactured in
or before 1918, for which ammunition is no
longer manufactured in the United States
and is not readily available in the ordinary
channels of commercial trade.” The fact that
the firearm is an antique firearm is an affirmative
defense that the defendant has the
burden of alleging and proving [Williams v.
State 482 So.2d 1051 (Fla 1986)]. Convicted
felons should be cautious about being in a
location where a firearm is present as they
may be in constructive possession of that
firearm. Constructive possession occurs
when the person knows about the firearm
and is in a position to exert dominion and
control over that firearm. A felon who is riding
in a truck with other hunters who have
firearms with them may be in constructive
possession of those firearms, depending on
the circumstances.