Can I argue self defense if charged with posession of a firearm by a convicted felon?

Although there is authority holding that self-defense is not a viable defense to a charge of unlawful possession of a firearm by a convicted felon, it has also been held that there may be circumstances under which a convicted felon’s possession of a firearm would be justified. According to this latter view, a convicted felon’s temporary possession of a firearm does not constitute a crime if the following five circumstances are present:
(1) defendant is in present, imminent, and impending peril of death or serious bodily injury, or reasonably believes him- or herself or others to be in such danger;
(2) defendant must not have intentionally or recklessly placed him- or herself in a situation in which it was probable that he or she would be forced to choose the criminal conduct;
(3) defendant must not have any reasonable, legal alternative to possession of the firearm;
(4) the firearm must be made available to defendant without preconceived design; and
(5) defendant must give up possession as soon as the necessity or apparent necessity ends.
Necessity or justification may constitute a valid defense to a charge of unlawful possession of a firearm by a convicted felon based on the circumstances, and in such event, the defendant is entitled to a jury instruction on such defense.
A person found guilty of a felony may not defend against a charge of possession of a firearm by a convicted felon on the ground that he or she lacked knowledge of his or her status as a convicted felon. However, the antique firearm defense was available to a defendant charged with possession of a firearm by a convicted felon as the statute expressly provided that the class of firearms a convicted felon is prohibited from possessing excludes “antique firearm.”
If you have been arrested in Fort Lauderdale, contact our criminal lawyers today.

William Moore

William Moore is a well respected Criminal Defense Lawyer in Broward County, Florida. who has focused his legal career exclusively on criminal defense. Attorney Moore has litigated over 200 criminal jury trials in Broward County of all degrees and severities with great success.In addition to practicing criminal litigation, William Moore regularly lectures on criminal defense tactics in Broward. William Moore has also authored over one thousand works outlining and explaining criminal defense tactics and strategies. Most of William Moore's work is available upon request. William Moore is the founder of the criminal defense firm William Moore Criminal Defense in Fort Lauderdale.