Possession of a Firearm as a Felon in Florida: Will I Face State or Federal Charges?

If you face charges for allegedly possessing a firearm in Florida, you may be somewhat confused about what happens next. Both federal law and state law prohibit possession of a firearm as a felon, so which jurisdiction applies? Is it possible to face charges under both federal and state courts? These are questions you might want to raise with an experienced gun violation lawyer in Fort Myers.

Both Sets of Charges May Apply

Both federal and state law ban possession of firearms as a felon. Both of these laws are valid, and both may apply to your situation. Many people believe that it is impossible to face both charges at the same time, but this is theoretically possible in Florida. In this specific situation, “double jeopardy” laws do not apply. This is the Constitutional protection against being charged multiple times for the same offense.

Although this might not seem fair, US courts have established that double jeopardy does not apply across two different courts. Since state and federal courts are separate, federal jurisdiction can apply even if you simultaneously face the exact same charge under state law. This principle is called “dual sovereignty.”

Federal Charges Are More Common in Certain Scenarios

That being said, federal courts are more likely to “take the lead” and prosecute the case in certain situations. Generally speaking, federal laws are more likely to apply in cases involving crimes that cross state borders. For example, you might have attempted to transport a firearm as a felon across state lines. Perhaps you were allegedly involved in some kind of gun trafficking operation that spanned several states. In these kinds of situations, you are more likely to face federal charges.

The Petite Policy Might Prevent Additional Federal Charges

While there is nothing stopping federal prosecutors from charging you under federal law, something called the “Petite Policy” could prevent this from happening. This is an internal guideline that strongly discourages federal prosecutors from pressing charges against someone already facing consequences under state law.

That being said, federal prosecutors may wait to see whether you actually face consequences under state law before proceeding. If Florida prosecutors fail to convict you or the case leaves key federal interests unaddressed, federal prosecutors could decide to press charges and achieve their goals in federal court.

Note that federal penalties for possessing a firearm as a felon are often harsher than those in Florida.

Can a Gun Violation Lawyer in Fort Myers Help Me?

If you face allegations of possessing a firearm as a felon in Fort Myers, it makes sense to contact an experienced defense attorney as soon as possible. It is certainly possible to face both federal and state charges for this crime in Florida, although federal charges are generally more common in certain scenarios. For more information, consider contacting The Foley & Wilson Law Firm.

Sources: 

ojp.gov/ncjrs/virtual-library/abstracts/petite-policy-example-enlightened-prosecutorial-discretion

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.087.html