How Do You Prove “Possession” of a Firearm in Florida?

Under Florida law, a defendant faces a mandatory minimum prison sentence of 3 years if they “possessed” a firearm during the commission of another felony. It does not matter if the firearm was used to commit the underlying felony. For example, say a person commits robbery. Police found the suspect was carrying a gun at the time of his arrest. Even if there is no evidence that the suspect ever brandished or used the gun while committing the robbery, they could still face the mandatory minimum sentence for possession of a firearm if convicted.

Florida Appeals Court Orders New Sentencing Hearing in Gun Crime Case

At the same time, prosecutors still need to prove, beyond a reasonable doubt, that the defendant had “possession” of a firearm. Legally speaking, this can mean a couple of things. As in the hypothetical example above, it can mean the suspect was carrying a firearm on their person. But it can also mean the suspect had the firearm “within immediate physical reach with ready access” and the intent to use it.

A recent Florida appeals court decision, Rock v. State, illustrates how these definitions apply in practice. Here, a jury convicted the defendant of being a felon in possession of a firearm. The jury then found the defendant was in actual “possession” of the firearm and on that basis, the trial court imposed the mandatory minimum sentence required by Florida law. The Florida Fourth District Court of Appeal, however, held the state failed to meet its burden of proof with respect to the sentencing requirement.

According to the evidence presented at trial, the defendant lived alone in a one-room apartment. Police officers came to the defendant’s apartment and demanded he exit. When the officers finally entered, one of them said they observed the defendant lifting up the bed of his mattress. Following the defendant’s arrest, the officers searched the apartment and found a loaded gun underneath the mattress.

The Fourth District explained that while this was sufficient evidence to prove that the defendant was a felon in possession of a firearm, the underlying felony, it did not satisfy the statutory requirement for establishing “possession” under the sentencing rule. Essentially, the underlying felony required proof of either actual or constructive possession of a firearm by the defendant. But the sentencing enhancement required proof of actual possession.

Under the facts of this case, the Fourth District said actual possession was not proven. There was no testimony that the defendant had the gun on him when the police arrested him. Nor was there any evidence to suggest the defendant touched or had ready access to the gun found under the mattress. As such, while the defendant’s conviction stood, he was entitled to re-sentencing.

Contact AsiliA Law Firm Today

When you are facing a possible mandatory minimum sentence, it is critical that you seek legal advice from a qualified Miami gun crime attorney. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Sources:

flsenate.gov/laws/statutes/2024/775.087

scholar.google.com/scholar_case?case=42742031375908120