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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.

At The Wiseman Law Firm, we are dedicated felony defense attorneys with extensive experience navigating the complexities of Florida’s legal system. Our skilled team can help you with various criminal defense matters and work tirelessly to protect your rights.

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.

Expert Criminal Defense Attorneys at The Wiseman Law Firm

At The Wiseman Law Firm, we specialize in providing exceptional criminal defense services, helping clients navigate the complexities of Florida’s legal system. While we do not take on cases related to gun rights restoration, our skilled attorneys understand the intricacies of criminal law and are dedicated to protecting your rights. If you find yourself facing criminal charges or legal challenges, our experienced team is here to support you. We will advocate for your best interests and work tirelessly toward a positive outcome in your case.

For a consultation, please call us at (407) 974-7372 or fill out a contact form. Let us help you navigate your legal situation with confidence.

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