Can I Own a Gun with a Felony in Florida?
If you’ve been convicted of a felony in Florida or have a felony charge pending, you may be wondering if you’re still able to own a gun. The short answer is: NO, at least not yet. Florida state law has strict regulations governing the possession and ownership of firearms for individuals with a felony record.
Felony Offenses That Prohibit Gun Ownership in Florida
Under Florida Statutes, a person is deemed a "felony offender" if they have been convicted of, or are currently charged with, certain felony offenses, including:
• Burglary: Section 812.13(2) of the Florida Statutes defines burglary as the act of entering an occupied or unoccupied dwelling, dwelling on rented or leased premises, or an occupied or unoccupied boat or vessel, with intent to commit a crime.
• Robbery: Section 812.13(3) of the Florida Statutes defines robbery as the act of taking or attempting to take anything of value from another by force or threat of force.
• Carjacking: Section 812.133 of the Florida Statutes defines carjacking as the act of taking a motor vehicle from another by force, stealth, or threat of force.
• Assault: Section 776.08 of the Florida Statutes defines assault as an intentional, unlawful threat to commit a violent injury or touching.
• Attempted murder: Section 782.04 of the Florida Statutes defines attempted murder as the act of attempting to commit murder, which is the intentional taking of a human life.
• Drug trafficking: Section 893.147 of the Florida Statutes defines drug trafficking as the act of selling, buying, distributing, or otherwise transferring more than a specific amount of a controlled substance.
Consequences for Felonies Involving Gun Possession or Use
If you have been convicted of a felony involving a gun, such as:
• carrying a concealed weapon (CCW) with intent to harm,
• shooting into a dwelling,
• discharging a firearm with reckless indifference,
you may be subject to even stricter gun ownership regulations and penalties.
Protections Under the Second Amendment
While the Second Amendment to the United States Constitution guarantees an individual’s right to bear arms, federal law prohibits felons from possessing firearms, including:
- 18 U.S.C. § 922(g)(1) – federal law prohibiting felons from possessing or receiving firearms, ammunition, or explosives.
Florida Statutes: The "Cure" Provision
However, under Florida Statutes, Sec. 775.076, some felons can have their gun rights restored through the "Cure" process. To be eligible for the Cure, you must:
- Have been released from probation or parole,
- Not have been charged with, or convicted of, a new felony or serious crime, and
- Not be subject to a civil restraining order.
If you meet these criteria, you can file a petition with the circuit court to restore your gun rights. If granted, this will allow you to purchase, possess, or use firearms and ammunition, with some restrictions.
Exceptions and Special Circumstances
There are some exceptions to the rule:
• Misdemeanor: If you were convicted of a misdemeanor (less severe than a felony), your gun rights may not be affected. However, misdemeanor firearms offenses can still disqualify you from owning a gun.
• Expungement: Expungement (sealing) of your record may not necessarily restore your gun rights. However, if you have an expunged conviction, you may be eligible to own a gun through the Cure process.
Conclusion
In summary, if you have been convicted of a felony in Florida or have a felony charge pending, you are likely prohibited from owning or possessing a gun, ammunition, or explosives. This is true even if you’ve completed your sentence, with some exceptions. However, if you meet the requirements for the Cure process or have your record expunged, you may be able to restore your gun rights.
Table: Felony Offenses Affecting Gun Ownership
| Felony Offense | Affected Gun Ownership |
|---|---|
| Burglary | No |
| Robbery | No |
| Carjacking | No |
| Assault | No |
| Attempted Murder | No |
| Drug Trafficking | No |
| Firearms-Related Felonies | Yes |
Resources
• Florida Department of Law Enforcement (FDLE)
• Florida State Court System
• National Instant Criminal Background Check System (NICS)
Consult a Professional
If you have a felony record and are seeking to restore your gun rights or understand Florida’s gun laws, consult with a qualified attorney experienced in gun law and expungement procedures. Remember, understanding the intricacies of gun laws can save you from legal troubles down the line.
