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A Convicted Felon’s Guide to Florida’s Gun Laws

April 13, 2024
By The Wiseman Law Firm

Are you a convicted felon living in Florida? If so, you may be wondering about your right to own a gun in this state. Florida gun laws strictly prohibit convicted felons from possessing firearms. This means if you have a felony conviction on your record, you are not legally allowed to own a gun. 

However, there may be some hope for those looking to restore their gun rights. The process can be complicated, but with the help of experienced attorneys at the Wiseman Law Firm, you may be able to navigate Florida’s legal system and potentially regain your right to own a firearm.

The Basics of Florida Gun Laws for Felons

In the state of Florida, specific regulations strictly prohibit felons from possessing firearms, detailed under Florida Statutes Section 790.23. This law is comprehensive, extending beyond traditional firearms to include ammunition, electric weapons, or concealed weapons. The scope of the prohibition encompasses not only those convicted of felonies within Florida but also extends to individuals who were found guilty of similar offenses that would be considered felonies in other states, territories, or countries, with penalties exceeding one year of imprisonment. 

Additionally, this restriction applies to individuals under 24 who have been adjudicated for delinquent acts equivalent to felonies, as well as those with federal level convictions. This broad coverage ensures the law captures a wide range of scenarios, reinforcing the state’s firm stance on limiting access to firearms among those with significant criminal histories.

What Are the Consequences of Carrying a Firearm for a Felon?

For a convicted felon in Florida, being caught with a firearm can lead to severe legal consequences. The state’s laws are designed to deter felons from possessing or attempting to possess firearms due to the potential risk they pose to public safety. If you’re a felon and found carrying a firearm, the law does not take this lightly. 

The penalties are steep, including a possible term of imprisonment of up to 15 years. This isn’t a slap on the wrist—it’s a significant portion of one’s life spent behind bars, marking a substantial deterrent for those considering breaking the law. Alongside the imprisonment, there’s also a financial burden to consider. A fine of up to $10,000 can be levied, adding a heavy financial toll to the legal repercussions.

Can the Spouse of a Felon Have a Gun?

In Florida, the laws surrounding firearm possession by a felon’s spouse are nuanced. Although not directly prohibited, challenges arise under the concept of constructive possession. This legal principle could implicate a felon’s spouse if they share a living space where firearms are accessible, potentially leading to legal complications. 

The legality hinges on whether the spouse has the ability and intention to control the firearm, making shared spaces a gray area. Therefore, while not outright banned, the situation requires careful consideration to avoid unintended legal consequences.

Steps to Restore Your Gun Rights

To start the process of restoring your gun rights in Florida, make sure you’ve served all sentences and completed all supervision conditions, such as parole or probation, for a minimum of 8 years. Ensure there are no outstanding financial liabilities over $1,000 related to any criminal or traffic offenses and all victim restitution has been fully settled. 

Meeting these criteria sets the foundation for your application to restore your firearms rights under Florida’s Executive Clemency Rules. This clear pathway is designed to guide you through regaining a crucial aspect of your civil liberties.

The Criminal Defense Lawyers of The Wiseman Law Firm Can Help Restore Your Gun Rights

Navigating the complex legal system to restore gun rights in Florida can be daunting, but you don’t have to go through it alone. The skilled attorneys at The Wiseman Law Firm specialize in criminal defense and understand the intricacies of Florida gun laws. They can guide you through each step, ensuring you meet all the necessary requirements and supporting your application for the restoration of your firearms rights.

If you’re ready to take the first step toward regaining your gun rights, the Wiseman Law Firm is here to help. Don’t hesitate to reach out for a consultation – call us at (407) 420-4647 or fill out a contact form. Our experienced team is committed to advocating for your rights and working towards a positive outcome in your case.

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