Can Convicted Felons Have a Gun in Florida?
In the state of Florida, owning a gun is a constitutional right, but it is also heavily regulated. Under Florida law, convicted felons are prohibited from possessing firearms. This ban is in place to prevent individuals who have committed serious crimes from possessing weapons that could be used to harm others.
What Constitutes a Felony in Florida?
Before we dive into the specifics of gun ownership for convicted felons in Florida, it’s essential to understand what constitutes a felony in the state. A felony is a crime punishable by more than one year in prison. Some examples of felonies in Florida include:
• Murder or manslaughter
• Aggravated assault
• Battery
• Burglary
• Robbery
• Drug trafficking
• Forgery
• Identity theft
• Fraud
The Federal Ban on Gun Ownership for Convicted Felons
In addition to Florida state law, federal law also prohibits convicted felons from owning or possessing firearms. The Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986 prohibit individuals who have been convicted of a felony from owning or possessing firearms.
Florida’s "Firearm Ownership Rights Restoration" Law
In 2019, Florida passed a law aimed at restoring the Second Amendment rights of non-violent felons who have completed their sentences. The law allows certain felons to have their firearm ownership rights restored after a period of 8 years. However, this law does not apply to felons who have been convicted of violent crimes, including murder, rape, and robbery.
Who is Eligible to Have Their Firearm Ownership Rights Restored?
To be eligible to have their firearm ownership rights restored under Florida’s "Firearm Ownership Rights Restoration" law, an individual must:
• Have been convicted of a non-violent felony
• Have completed their sentence, including any probation or parole
• Have waited at least 8 years since the completion of their sentence
• Not have been convicted of any other felony during the 8-year period
• Not have any pending felony charges
How to Apply for Firearm Ownership Rights Restoration
Individuals who are eligible to have their firearm ownership rights restored can apply through the Florida Department of Law Enforcement (FDLE). The application process typically takes several months to complete. During this time, the FDLE will conduct a background check and review the individual’s criminal history.
Consequences of Violating the Gun Ban for Convicted Felons
It is a felony to possess a firearm in Florida if you have been convicted of a felony. If you are found to be in possession of a firearm as a convicted felon, you could face:
• Up to 15 years in prison
• A fine of up to $10,000
• Loss of your Second Amendment rights
Conclusion
In conclusion, convicted felons are prohibited from possessing firearms in Florida. This ban is in place to prevent individuals who have committed serious crimes from possessing weapons that could be used to harm others. While there are some exceptions, such as the "Firearm Ownership Rights Restoration" law, it is essential for individuals who have been convicted of a felony to understand the laws surrounding gun ownership in Florida.
Table: Eligibility Criteria for Firearm Ownership Rights Restoration
| Criteria | Description |
|---|---|
| Non-violent felony conviction | The individual must have been convicted of a non-violent felony |
| Completed sentence | The individual must have completed their sentence, including any probation or parole |
| 8-year waiting period | The individual must have waited at least 8 years since the completion of their sentence |
| No new felony convictions | The individual must not have been convicted of any other felony during the 8-year period |
| No pending felony charges | The individual must not have any pending felony charges |
Bullets List: Consequences of Violating the Gun Ban for Convicted Felons
• Up to 15 years in prison
• A fine of up to $10,000
• Loss of your Second Amendment rights
