Florida treats firearm and weapons offenses seriously, and several carry mandatory minimum prison sentences that strictly limit a judge’s discretion. Charges range from possession of a firearm by a convicted felon to using a firearm during another felony. In Jacksonville, John Rockwell — a former prosecutor and criminal defense attorney — defends clients facing weapons allegations in state and federal court.
Common firearm and weapons charges
- Possession of a firearm by a convicted felon — a second-degree felony under section 790.23 [1]
- Possession of a firearm by a juvenile delinquent
- Possession of fully automatic or “ghost” firearms
- Firearm trafficking, straw purchases, and illegal sales
- Use, possession, or discharge of a firearm during another felony, subject to 10-20-Life [2]
Why mandatory minimums make these cases different
Florida’s 10-20-Life law, section 775.087, attaches escalating mandatory minimum prison terms to certain firearm offenses: generally a 3-year mandatory minimum for actually possession a firearm by a convicted felon, a 10-year mandatory minimum for possessing a firearm during an enumerated felony, 20 years for discharging it, and 25 years to life if the discharge causes death or great bodily harm. Because the term is set by statute, the sentence may be fixed regardless of mitigating circumstances — which raises the stakes of how the charge is framed and whether the firearm element can be challenged at all. [2]
Possession of a firearm by a convicted felon under section 790.23 is itself a serious second-degree felony, exposing a defendant to up to 15 years with a potential 3-year mandatory minimum under section 775.082. [1] [3]
Where the defense lives
Because so many gun cases begin with a stop, search, or seizure, the lawfulness of that police conduct under the Fourth Amendment is often the central issue. If the firearm was discovered through an unlawful search, a motion to suppress can remove it from the case. The other frequent battleground is possession itself — the State must prove the defendant actually or constructively possessed the weapon and knew it was there. [4]
How Eagle Rock Defense Group approaches gun cases
John Rockwell prosecuted cases before moving to the defense, and he knows how the State builds firearm cases and where they are vulnerable. The firm’s low-volume model means each client works directly with the attorney handling the matter.
Eagle Rock Defense Group represents clients across Duval County and the surrounding Northeast Florida region, including St. Johns, Nassau, Clay, Flagler, Baker, and Bradford counties. Call Eagle Rock Defense Group at 904-310-7501 for a confidential consultation.
Frequently Asked Questions
What is the 10-20-Life law?
Section 775.087 imposes mandatory minimum prison terms when a firearm is possessed (generally 10 years), discharged (20 years), or causes death or great bodily harm (25 years to life) during certain felonies. The penalty is set by statute on top of the underlying offense. [2]
I have a prior felony — how serious is a gun charge?
Possession of a firearm by a convicted felon is a second-degree felony under section 790.23, punishable by up to 15 years. It should be addressed with counsel immediately. [1] [3]
Can I be charged for a gun that was not mine?
Possibly. The State can pursue charges based on constructive possession — control over a firearm even if it was not on your person. Whether it can prove knowledge and control is exactly what a defense attorney examines.
Can a weapons charge be challenged on search grounds?
Often, yes. If the firearm was found through an unlawful stop, search, or seizure under the Fourth Amendment, the evidence may be subject to a motion to suppress. [4]
Are firearm cases ever charged federally?
Yes. Certain firearm offenses are prosecuted federally under Title 18, where sentencing guidelines and mandatory minimums apply – particularly when drugs are also involved. Eagle Rock Defense Group handles both state and federal matters. [5]