Can a Convicted Felon Own a Gun in Florida?
In the United States, the right to bear arms is a highly debated topic. While the Second Amendment of the Constitution guarantees the right to keep and bear arms, there are certain individuals who are prohibited from possessing firearms due to their criminal history. In Florida, convicted felons are strictly prohibited from owning or possessing firearms. In this article, we will explore the laws surrounding gun ownership for convicted felons in Florida.
What is a Convicted Felon?
Before we dive into the specifics of gun ownership for convicted felons, it’s essential to define what a convicted felon is. A convicted felon is an individual who has been found guilty of a felony, which is a criminal offense punishable by more than one year in prison. In Florida, a convicted felon is defined as any person who has been convicted of a felony under the laws of this state, or under the laws of the United States, or under the laws of any other state or country, and has been sentenced to a term of imprisonment exceeding one year.
Laws Prohibiting Convicted Felons from Owning Guns
In Florida, the laws prohibiting convicted felons from owning guns are outlined in Chapter 775, Florida Statutes, which deals with criminal law and procedure. Specifically, Section 775.085, Florida Statutes, prohibits convicted felons from owning or possessing firearms, including rifles, shotguns, and handguns.
Federal Laws
In addition to Florida state laws, there are also federal laws that prohibit convicted felons from owning guns. Under the Gun Control Act of 1968, the federal government prohibits individuals who have been convicted of a felony from owning or possessing firearms. This law is enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
How Long Does a Convicted Felon Have to Wait to Own a Gun?
In Florida, there is no specific waiting period for a convicted felon to own a gun. However, the individual must comply with the requirements outlined in Section 775.085, Florida Statutes, which includes obtaining a full pardon from the Governor, or having their civil rights restored by the Governor.
How Can a Convicted Felon Get Their Gun Rights Restored?
There are several ways a convicted felon can have their gun rights restored in Florida. These include:
- Full Pardon: A convicted felon can apply for a full pardon from the Governor, which would restore their civil rights, including the right to own a gun.
- Clemency: A convicted felon can apply for clemency from the Governor, which could include a pardon, executive clemency, or a reduction in sentence. If granted, clemency would restore the individual’s civil rights, including the right to own a gun.
- Habeas Corpus: A convicted felon can file a petition for writ of habeas corpus in circuit court, which would challenge the constitutionality of their felony conviction. If successful, the individual’s felony conviction would be overturned, and their civil rights, including the right to own a gun, would be restored.
- Expungement: A convicted felon can apply for expungement of their felony conviction, which would seal their criminal record and restore their civil rights, including the right to own a gun.
Table: Timeline for Restoring Gun Rights
| Step | Timeline |
|---|---|
| Apply for pardon or clemency | 1-3 years |
| Governor’s decision | 1-2 years |
| Habeas corpus petition | 1-3 years |
| Expungement hearing | 1-3 years |
Consequences of Violating Gun Prohibitions
It is essential to note that any individual who violates the prohibition on owning or possessing guns as a convicted felon could face severe consequences. Under Florida law, a violation of this prohibition is considered a felony, punishable by up to 15 years in prison.
Conclusion
In conclusion, the laws surrounding gun ownership for convicted felons in Florida are strict and enforced at both the state and federal levels. While there are ways for convicted felons to have their gun rights restored, the process is lengthy and requires compliance with specific requirements. It is essential for individuals with felony convictions to understand the laws and consequences of violating gun prohibitions to avoid potential legal repercussions.
