4 Guns, 1 Crime: Why Possessing an Arsenal Isn’t Always Multiple Felonies

By: John Guidry

Guns are a hot topic right now. Actually, guns have been a hot topic for quite some time. In case you care to know (I doubt you do), my job as a criminal defense attorney involves defending our beloved Constitution. I enjoy my job. I’d be a hypocrite to seek enforcement of the Fourth, Fifth, or Sixth Amendment but ignore our rights found in the Second Amendment.

Before we get into the legal analysis, here is an interesting view on gun violence from Darrell Scott, whose daughter was killed at Columbine High School. He testified before Congress regarding gun control:

“The first recorded act of violence was when Cain slew his brother Abel… The villain was not the club he used. Neither was it the NCA, the National Club Association. The true killer was Cain, and the reason for the murder could only be found in Cain’s heart… I do not believe that [the NRA] are responsible for my daughter’s death… If I believed they had anything to do with Rachel’s murder I would be their strongest opponent.”

I applaud Mr. Scott’s clear-headed thinking. We can all agree that guns should not be in the hands of criminals. And our case discussion for today involves just such a thing.

Are you a felon charged with multiple counts of possession for a single incident?

This violates Double Jeopardy. Call John today at (407) 423-1117.

The Case: Davis v. State (The Arsenal)

In Davis v. State, 96 So. 3d 1116 (Fla. 1st DCA 2012), Davis was a convicted felon.

• The Act: He decided to possess a firearm. (Dumb).
• The Escalation: He didn’t stop there. He possessed a second gun, a third gun, and a fourth gun.
• The Charge: The State charged him with Four Counts of Possession of a Firearm by a Convicted Felon.

The Legal Problem: Davis appealed, arguing that our Constitution has a Double Jeopardy rule which only permits one conviction per criminal act. He considered his four guns to be one single “possession.”

The Ruling: “Any” Firearm = One Crime

Fortunately, the Appeals Court agreed with Davis. They overturned three of the four convictions and remanded the case for resentencing on a single count.

• The Logic: Florida Statute 790.23 makes it illegal for a felon to possess “ANY” firearm.
• The “A/Any” Test: Because the legislature used the word “Any” (instead of “A”), simultaneous possession of multiple guns constitutes a single “Unit of Prosecution.” Whether you have one gun or twenty, if you possess them at the same time and place, you have committed only one crime.

Why This Matters: Judges and prosecutors love slamming criminals caught with guns. If Davis had been sentenced on all four counts, he could have faced decades in prison. By reducing it to one count, the sentence was drastically reduced.

Criminal Defense Tip: The Motion to Dismiss

When you are confronted with multiple counts of possession (e.g., a gun and ammunition, or multiple guns), do not wait for an appeal. File a Motion to Dismiss immediately.

Sample Argument:

“Dual convictions for possession of a firearm and possession of ammunition… arising from defendant’s possession of one loaded firearm, violated the right of protection against double jeopardy… the Legislature did not express a clear intent to authorize separate units of prosecution.” — Francis v. State

John’s 2026 Update: Permitless Carry & The “Separate Rooms” Trap

Note: In 2012, Davis won because the guns were together. In 2026, police know how to fix that.

1. The “Permitless Carry” Confusion In 2023, Florida passed Permitless Carry (often called Constitutional Carry).

• The Trap: Many felons mistakenly believe this law applies to them. IT DOES NOT.
• The Law: If you are a convicted felon, you have Zero 2nd Amendment Rights. You cannot touch a gun, hold a gun, or have a bullet in your pocket. The new law only helps law-abiding citizens. For you, it is still a Second Degree Felony (Min. Mandatory 3 Years if actual possession).

2. The “Separate Rooms” Trick Because of Davis, police know they can’t charge you twice for guns found in the same pile.

• The 2026 Tactic: They now look for “distinct” possessions. If Gun A is in the living room and Gun B is in the bedroom, prosecutors argue they are separate crimes because you possessed them in different places. We fight this by arguing “Simultaneous Constructive Possession” of the whole house, but it is a tougher battle than it used to be.

3. The Federal Danger (ACCA) If you are caught with multiple guns, the State might drop the charges… because the Feds picked it up.

• The Risk: Federal law (18 U.S.C. § 922) is much harsher. If you have 3 prior violent felonies/drug offenses, the Armed Career Criminal Act (ACCA) kicks in. That is a 15-Year Mandatory Minimum sentence in federal prison.

Don’t Let Them Stack the Deck

If the State is trying to turn one mistake into four felonies, they are violating your Constitutional rights. We use the Davis rule to strip away the extra charges and minimize the damage.

Call me at (407) 423-1117. Let’s file the Motion to Dismiss.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.