Can Felons Own Guns in Florida?
Direct Answer: No, felons cannot own guns in Florida.
Florida, like many other states in the United States, has strict laws governing the ownership and possession of firearms, particularly for individuals with felony convictions. Felons who have been convicted of certain crimes are prohibited from possessing or owning guns in Florida.
Felon In Possession Statute in Florida
In Florida, the "felon in possession" statute is set forth in section 943.0435, Florida Statutes. This statute prohibits a convicted felon from owning, possessing, controlling, or bringing into the state any firearm or any ammunition.
Felony Convictions Prohibiting Gun Ownership
The Florida Statutes define a convicted felon as a person who has been convicted of:
• Violent felony offenses, including murder, manslaughter, rape, attempted murder, and attempted rape
• Felonies involving controlled substances, such as drug trafficking, manufacturing, or selling
• Felonies related to firearms, including violent crimes committed with a firearm
Felony Expungement and Gun Ownership
If a person has been convicted of a felony in Florida, it is usually possible to expunge the conviction, which means to seal or erase the record of the conviction. However, even with an expunged felony conviction, an individual is still prohibited from owning or possessing a gun in Florida.
Background Checks
Before purchasing or possessing a firearm in Florida, the buyer must undergo a background check through the National Instant Criminal Background Check System (NICS). If the background check reveals a felony conviction, the sale or transfer of the firearm will be denied.
Consequences of Illegally Possessing a Gun in Florida
If a person who has been convicted of a felony is found to be illegally possessing or owning a firearm in Florida, they may face serious criminal consequences, including:
• Up to 15 years in prison
• Fines up to $10,000
• Suspension or revocation of their firearms owner’s license (FOL)
Exemptions to Felon in Possession Law
There are some limited exceptions to the felon in possession law in Florida, including:
• For certain law enforcement officers: Police officers who have been convicted of a felony in the line of duty are exempt from the felon in possession law
• For individuals granted clemency: Certain individuals who have been granted clemency by the Governor or the Florida Clemency Board may be exempt from the felon in possession law
• For non-residents: Non-residents of Florida who have been convicted of a felony in another state or jurisdiction may not be prohibited from owning or possessing a gun in Florida, but may still be subject to local laws and regulations
Conclusion
In conclusion, the direct answer to the question is no, felons cannot own guns in Florida. The state has strict laws prohibiting convicted felons from owning, possessing, or controlling firearms, with serious criminal consequences for individuals who are found to be illegally in possession of a gun. If you are a felon looking to purchase or own a gun in Florida, it is important to speak with a lawyer or consult with a qualified legal professional to understand the laws and regulations that apply to you.
