Can Felon In Possession of a Firearm Use Stand Your Ground in Florida?

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law (Fla. Stat.Section 776.012) allows someone facing down an imminent threat of death or serious bodily harm to use (or threaten to use) deadly force in defense of themselves or others. But under certain circumstances, the law does not apply to those who are engaged in criminal activity at the time the force is used or threatened to be used (Fla. Stat. 776.012(2) and 776.013(3)).

A key legal question in Florida is – does the term “unlawful activity” extend to felons illegally in possession of a firearm? In other words, if a felon uses or threatens to use a firearm they illegally possess (in a situation where its use or threatened use would otherwise be legally justifiable), are they prohibited from raising Stand Your Ground as a defense?

The answer to this question depends on where the alleged offense occurs within the state. This is because two of Florida’s District Courts of Appeal (DCAs) have weighed in on this important legal question and have come to opposite conclusions. 

Under Florida’s Pardo rule, a decision by a DCA binds the entire state (like a U.S. or Florida Supreme Court decision) unless another DCA reaches an opposite result. If this occurs, lower courts must abide by the ruling of the DCA that has jurisdiction over them, while lower courts that fall in the jurisdiction of other (non-ruling) DCAs can choose which of the opinions to follow. Pardo v. State, 596 So. 2d 665 (Fla. 1992)

The first ruling on the issue of whether felons in possession of a firearm can invoke Stand Your Ground came from Florida’s Fourth District Court of Appeal in State v. Hill, 95 So. 3d 434 (Fla. 4th DCA 2012). Hill, a felon, attempted to use a Stand Your Ground defense after being charged with aggravated battery. 

The charges were ultimately dismissed at a pretrial hearing, and the State appealed, arguing that a felon illegally in possession of a firearm could not use a Stand Your Ground defense. The 4th DCA agreed – ruling that by illegally possessing a firearm, Hill had engaged in criminal activity that eliminated his ability to raise a Stand Your Ground defense. Id.

The court did not hold that Hill was forbidden from arguing self-defense at trial. However, it did hold that he was not entitled to a Stand Your Ground pretrial immunity hearing and could not be excused from criminal liability for illegally possessing the firearm at the time – which Stand Your Ground would have done (as it is a complete defense). 

Note: Possession of a firearm by a convicted felon is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine).

But in Little v. State, 111 So. 3d 214 (Fla. 2d. DCA 2013), the Second District Court of Appeal held the opposite. It ruled that although Little (a felon) was illegally in possession of a firearm, this did not preclude him from raising a Stand Your Ground claim.

The 2nd DCA reasoned that Little invoked immunity under 776.012, which does not have a requirement that the defendant have been engaged in lawful activity at the time of the incident. The 2nd DCA explicitly disagreed with the 4th DCA’s finding, noting that the 4th DCA had imported language from 776.013 (requiring no unlawful activity at the time) and applied it to 776.012. 

The 2nd DCA noted this was relevant because unlike 776.013 (which deals specifically with home protection), there is no additional requirement in 776.012 that a defendant not be engaged in illegal activity if they are somewhere they have a lawful right to be and act in self-defense. Id.

Little made clear that since the appellant did not have a duty to retreat at the time the force was used, he could permissibly invoke a Stand Your Ground claim, despite being a convicted felon in possession of a firearm. 

Pursuant to the Pardo rule, lower courts under the 4th DCA are bound by Hill – meaning that a felon in possession cannot raise a Stand Your Ground claim. In the 2nd DCA, Little governs, so a felon in possession can raise such a claim. 

In all other jurisdictions (1st DCA, 3rd DCA, 5th DCA, 6th DCA), judges may choose whether to follow Little or Hill until the Florida Supreme Court rules on this issue.

If someone is concerned about a case involving a Stand Your Ground defense or is seeking to argue Stand Your Ground, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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