Can a Felon Own a BB Gun in Florida?
Florida is one of the states with a complex and often confusing set of laws regarding the ownership of firearms, including BB guns, by felons. As a result, it is essential to understand the current laws and regulations to ensure compliance. In this article, we will delve into the question of whether a felon can own a BB gun in Florida and provide a detailed breakdown of the relevant laws and regulations.
The Direct Answer:
In short, the answer is no, a felon cannot own a BB gun in Florida. Under Florida Statute 790.15, it is illegal for a convicted felon to own or possess a firearm, including BB guns, except under certain circumstances.
The Relevant Laws and Regulations:
- Florida Statute 790.15: This statute makes it illegal for a convicted felon to own or possess a firearm, including BB guns, with certain exceptions. The statute defines a "firearm" as "any weapon designed to be used as a weapon from which is expelled through a barrel a projectile, or any device designed to be used as a weapon from which is expelled a projectile and is designed to be used as a firearm."
- Florida Statute 790.065: This statute prohibits the sale or transfer of firearms, including BB guns, to a convicted felon.
- Florida Statute 775.082: This statute states that a convicted felon may not possess or control a firearm unless the conviction has been sealed or expunged.
Exceptions:
While it is illegal for a felon to own a BB gun in Florida, there are certain exceptions:
- Restored rights: A felon whose rights have been restored under Florida Statute 933.15 may own a BB gun.
- Misdemeanor convictions: A person convicted of a misdemeanor crime may still own a BB gun in Florida.
- Law enforcement and military personnel: Active or retired law enforcement and military personnel are exempt from the felon-in-possession laws, including owning a BB gun.
Consequences of Violating the Law:
It is essential to understand that violating the law by owning or possessing a BB gun as a felon can have severe consequences:
- Criminal charges: A felon who is found in possession of a BB gun can be charged with a felony, punishable by up to 15 years in prison.
- Increased sentence: If a felon is found to be in possession of a BB gun during the commission of a crime, they can receive an additional 5 years in prison.
- Loss of voting rights: A felon who is found guilty of violating the law can lose their right to vote.
Table: Summary of Felon-Friendly Firearms Laws in Florida
| Category | Florida Law |
|---|---|
| Felons owning firearms | Illegal (except for restored rights or misdemeanor convictions) |
| Felons possessing firearms | Illegal (except for restored rights or misdemeanor convictions) |
| Restored rights | May own firearms (including BB guns) |
| Misdemeanor convictions | May own BB guns |
| Law enforcement and military personnel | Exempt from felon-in-possession laws |
Conclusion:
In conclusion, while the direct answer is no, a felon cannot own a BB gun in Florida, there are certain exceptions and circumstances where it may be legal. It is essential for individuals with felony convictions to understand the laws and regulations surrounding firearms, including BB guns, to avoid violating the law and facing severe consequences. If you are a felon and are unsure about your rights and responsibilities, it is recommended that you consult with a legal professional to ensure compliance with Florida’s laws.
