Can Convicted Felons Own a Gun?

Being convicted of a felony has many penalties. You will likely have to serve a prison sentence and pay high fines. Even after you have paid your debt to society and are released from prison, you may be surprised to learn there are additional consequences. One of these is your ability to own a firearm. If you have been convicted of a felony and are found in possession of a firearm, you will face serious penalties. Below, one of our Fort Lauderdale weapons crime lawyers explains what these are, and what the law says in Florida.

What is the Gun Law for Convicted Felons in Florida? 

State law in Florida specifically prohibits convicted felons from owning firearms. The law is thorough and it extends far past traditional firearms to include electronic weapons, ammunition, and concealed weapons. Additionally, the law includes more than just people who have been convicted of felonies in the state. It also includes people convicted of similar crimes that would be considered a felony in other territories, states, and countries when the penalty for such offenses exceeds more than one year in prison.

The restriction also applies to people under the age of 24 years old who have been adjudicated for delinquent acts that are the equivalent of felony offenses, including convictions on the federal level.

Penalties for Convicted Felons in Possession of a Firearm 

For felons convicted of possessing a firearm, the consequences are severe. State law believes that convicted felons are a potential safety risk to the public and so, they do not take violations of the law lightly.

The penalties for felons convicted of possessing a firearm are far more than just a slap on the wrist. In fact, individuals found in unlawful possession of a firearm face a prison sentence of up to 15 years. The law is meant to deter convicted felons from breaking the law by owning firearms. In addition to the prison sentence, convicted felons may also have to pay a fine up to $10,000 if they are convicted of possessing a firearm.

Can Spouses of Convicted Felons Own a Firearm? 

The law regarding whether spouses of convicted felons can own a firearm are complex. These individuals are not strictly prohibited from owning a firearm or other weapon, but they should be very careful if they choose to do so.

Under the legal concept of constructive possession, a convicted felon may still face charges if their spouse owns a firearm. This means that if the convicted felon can access, control, or use the weapon, they may still face charges. If you or your spouse wants to own a firearm, it is important to speak to an attorney who can advise on your case.

Call Our Weapons Crime Lawyers in Fort Lauderdale Today 

Whether you have questions about owning a firearm, or you have been accused of owning one as a convicted felon, you need legal help. At Haber Blank, LLP, our Fort Lauderdale weapons crime lawyers can provide you with the answers you need and give you the best chance of a positive outcome. Call us today or fill out our online form to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.23.html