Can a Felon Carry a Gun in Florida Now?
Florida has a complex legal landscape when it comes to gun ownership and carrying, especially for individuals with a criminal history. A felon, by definition, is an individual who has been convicted of a felony offense. In Florida, it is illegal for a convicted felon to possess a firearm, unless they meet specific exceptions. In this article, we will delve into the current laws and regulations regarding felons and gun ownership in Florida.
Direct Answer: No, a Felon Cannot Carry a Gun in Florida Now
According to Florida Statute 790.22, it is unlawful for a convicted felon to possess a firearm or any other deadly weapon. This means that a felon who has been convicted of a felony offense is prohibited from carrying a gun in the state of Florida.
What is a Felony Conviction?
A felony conviction is a criminal offense that is punishable by imprisonment in a state or federal prison for more than one year. In Florida, felonies are categorized as:
- Level 1 Felonies: These are the most severe crimes, such as murder, kidnapping, and rape, and are punishable by a minimum of 25 years to life in prison.
- Level 2 Felonies: These are serious crimes, such as armed robbery, burglary with assault or battery, and sale of controlled substances, and are punishable by a minimum of 15 to 25 years in prison.
- Level 3 Felonies: These are less severe crimes, such as grand theft, fraud, and stalking, and are punishable by a minimum of 3 to 15 years in prison.
Exceptions to the Rule
While the general rule is that felons cannot carry a gun in Florida, there are some exceptions:
- Expunged or Pardoned Convictions: If a felon’s conviction is expunged or pardoned, they may be eligible to possess a firearm.
- Restoration of Rights: In some cases, a felon may be able to have their civil rights restored, including the right to possess a firearm, through a governor’s pardon or a Florida Department of Law Enforcement (FDLE) review and restoration process.
- Special Permits: Law enforcement agencies may issue special permits to felons for certain purposes, such as self-defense or employment related to firearms.
Legal Consequences of Violating the Law
If a convicted felon is found to be in possession of a firearm, they can face severe legal consequences, including:
- Mandatory Minimum Sentence: A minimum of 3 years in prison, as mandated by Florida Statute 790.23(2).
- Increased Sentencing: A court may impose a longer sentence for a second or subsequent violation.
- Forfeiture of Property: A court may order the seizure and forfeiture of property used in the commission of the crime.
Tips for Felons Who Want to Legally Possess a Gun
If a felon wants to legally possess a gun in Florida, they should:
- Check with the FDLE: The FDLE has a process for restoring rights and issuing special permits for felons.
- Consult with an Attorney: A qualified attorney can advise on the specific circumstances and help navigate the legal system.
- Comply with All Laws: A felon must ensure they comply with all applicable laws, including those related to firearm ownership and possession.
In Conclusion
In conclusion, a felon cannot carry a gun in Florida, except in limited circumstances such as expunged or pardoned convictions, restoration of rights, or special permits. It is crucial for individuals with a criminal history to understand the laws and regulations regarding gun ownership and possession in Florida to avoid legal consequences. By staying informed and seeking professional advice, felons can work towards regaining their right to possess a firearm.
