Can Convicted Felons Carry a Gun in Florida?
Florida has strict laws regarding the possession and carrying of firearms, especially for individuals with a criminal history. If you’re a convicted felon wondering if you can carry a gun in Florida, the answer is no. However, there are some exceptions and nuances to consider.
Florida’s Felon Firearm Ban
Florida’s laws prohibit convicted felons from possessing or carrying firearms, including handguns, rifles, and shotguns. This ban is outlined in Florida Statute 790.23, which states that:
- A person who has been convicted of a felony is prohibited from owning, possessing, or controlling any firearm or ammunition.
This law applies to all types of felonies, including violent and non-violent crimes. Even if you’ve completed your sentence and been released from prison, you’re still considered a convicted felon and are subject to this ban.
Exceptions to the Rule
While the general rule is that convicted felons cannot carry a gun in Florida, there are some exceptions:
- Restoration of Civil Rights: If you’ve had your civil rights restored, you may be able to possess and carry a firearm. However, this requires a separate petition to the Governor of Florida and approval.
- Clemency: If you’ve received clemency, such as a pardon or executive clemency, you may be able to possess and carry a firearm.
- Federal Court Decisions: In some cases, federal court decisions may override state laws and allow convicted felons to possess and carry firearms. However, these decisions are rare and typically require a specific set of circumstances.
Consequences of Violating the Law
If you’re a convicted felon and are caught carrying a gun in Florida, you can face severe consequences, including:
- Criminal Charges: You can be charged with a felony, punishable by up to 15 years in prison.
- Civil Liability: You can be held civilly liable for any damages or injuries caused by your actions.
- Loss of Civil Rights: You may lose your right to vote, serve on a jury, or hold public office.
Table: Felony Firearm Ban in Florida
| Felony Type | Possession/Carry of Firearm |
|---|---|
| All Felonies | Prohibited |
| Misdemeanor | May be prohibited, depending on the circumstances |
Important Considerations
Before attempting to carry a gun in Florida, it’s essential to consider the following:
- Check Your Record: Ensure you’re aware of your criminal history and any outstanding warrants or charges.
- Consult with an Attorney: If you’re unsure about your legal status or the laws surrounding firearms, consult with an attorney.
- Understand the Consequences: Be aware of the potential consequences of violating the law, including criminal charges and civil liability.
Conclusion
In conclusion, convicted felons are generally prohibited from carrying a gun in Florida. While there are some exceptions, it’s essential to understand the laws and consequences before attempting to possess or carry a firearm. If you’re unsure about your legal status or the laws surrounding firearms, consult with an attorney to ensure you’re in compliance with Florida’s laws.
