Can a Felon be Around a Gun in Florida?
In the state of Florida, it is illegal for a convicted felon to possess or be around a firearm. This is due to the state’s strict gun laws and the aim to reduce gun violence and keep communities safe. However, there are certain exceptions and circumstances under which a felon may be allowed to possess or be around a gun in Florida.
Direct Answer:
In Florida, a convicted felon is prohibited from possessing or carrying a firearm, including a handgun, rifle, shotgun, or any other type of firearm. This prohibition is outlined in Florida Statute 790.23, which states that:
"A person who has been convicted of a felony is not eligible to possess a firearm."
Exceptions:
While a convicted felon is generally prohibited from possessing or carrying a firearm, there are certain exceptions:
• Restoration of Civil Rights: A felon who has had their civil rights restored may be eligible to possess a firearm. This is typically done through a pardon or a restoration of civil rights by the Governor of Florida.
• Court Order: A court may grant a felon permission to possess a firearm as part of a sentence or as a condition of probation.
• Law Enforcement: Law enforcement officers, including sworn police officers and sheriff’s deputies, are exempt from the prohibition on felons possessing firearms.
• Firearm Dealers: Felons who are licensed firearm dealers may be exempt from the prohibition on possessing firearms, but only in the course of their business.
Consequences of Violating the Prohibition:
If a convicted felon is found to be in possession of a firearm in violation of Florida Statute 790.23, they may face serious legal consequences, including:
• Felony Charges: A felon found in possession of a firearm may be charged with a felony, punishable by up to 15 years in prison.
• Enhanced Sentencing: If a felon is found to be in possession of a firearm during the commission of a crime, they may face enhanced sentencing, including mandatory minimum sentences.
• Loss of Civil Rights: A felon who is found to be in possession of a firearm may have their civil rights revoked, making it even more difficult to regain the right to possess a firearm in the future.
Table: Florida Felony Firearm Prohibition
| Crime | Penalty | Consequences |
|---|---|---|
| Possession of a firearm by a convicted felon | Up to 15 years in prison | Felony charges, enhanced sentencing, loss of civil rights |
| Possession of a firearm during the commission of a crime | Mandatory minimum sentence | Enhanced sentencing, loss of civil rights |
Conclusion:
In conclusion, a convicted felon is generally prohibited from possessing or carrying a firearm in Florida. However, there are certain exceptions and circumstances under which a felon may be allowed to possess or be around a gun. It is important for individuals who have been convicted of a felony to understand the law and the consequences of violating it. If you have any questions or concerns about Florida’s firearm laws, it is recommended that you consult with an attorney or law enforcement agency.
