Can You Own a Gun with a Misdemeanor in Florida?
Florida is known for its lenient gun laws, making it easy for residents to obtain and own firearms. However, having a misdemeanor conviction can significantly impact an individual’s ability to own a gun in the state. In this article, we will delve into the answer to the question, Can You Own a Gun with a Misdemeanor in Florida? and explore the relevant laws and regulations.
Understanding Misdemeanors in Florida
In Florida, misdemeanors are classified as lesser crimes, punishable by fines and/or imprisonment. These crimes typically carry a sentence of less than one year in jail. Examples of misdemeanors in Florida include:
• Domestic Battery: intentionally touching or striking another person with the intent to cause bodily harm (Florida Statute 741.28)
• Battery: intentionally touching or striking another person with the intent to cause bodily harm (Florida Statute 784.03)
• Petit Theft: stealing goods or services with a value of less than $300 (Florida Statute 812.014)
• Resisting Arrest: resisting or opposing an officer with the intent to impede their duty (Florida Statute 843.01)
Federal Laws and Gun Ownership
Under federal law, individuals who have been convicted of a misdemeanor crime of domestic violence are prohibited from owning or possessing firearms. This is outlined in 18 U.S.C. § 922(g)(9), which states:
"(g)(9) It shall be unlawful for any person who has been convicted of a misdemeanor crime of domestic violence, and has been sentenced to a term of imprisonment exceeding one year, to receive, possess, or transfer any firearm or ammunition."
In addition, federal law prohibits individuals who have been convicted of a felony from owning or possessing firearms. This is outlined in 18 U.S.C. § 922(g)(1), which states:
"(g)(1) It shall be unlawful for any person—
(A) who has been convicted of a felony that was punishable by imprisonment for a term exceeding one year;
(B) who is under indictment for a felony that was punishable by imprisonment for a term exceeding one year; or
(C) who is a fugitive from justice—
to receive, possess, or transfer any firearm or ammunition."
Florida State Laws and Gun Ownership
In Florida, the Florida Statute 790.23 governs the possession of firearms by convicted felons. The statute states:
"No person who has been convicted of a felony, or who is a fugitive from justice, or who is a person adjudged mentally defective or who, as a result of insanity, is a danger to himself or others, or who is an unlawful user of or addicted to any controlled substance, shall own, possess, or control any firearm or electric weapon or device."
The Impact of a Misdemeanor Conviction on Gun Ownership
If you have been convicted of a misdemeanor in Florida, your ability to own a gun may be impacted. Depending on the specific circumstances of your conviction, you may be prohibited from owning or possessing a firearm under federal law.
Can You Own a Gun with a Misdemeanor in Florida?
In Florida, if you have been convicted of a misdemeanor that is not a crime of domestic violence, you may still be able to own a gun. However, you must comply with all applicable federal and state laws.
Here are some scenarios to consider:
- If you have been convicted of a misdemeanor that is not a crime of domestic violence, you may still be able to own a gun in Florida. However, you must comply with federal law and ensure that you are not prohibited from owning a firearm.
- If you have been convicted of a crime of domestic violence, you are prohibited from owning or possessing a firearm under federal law.
- If you have been convicted of a felony, you are prohibited from owning or possessing a firearm in Florida under state law.
Conclusion
In conclusion, having a misdemeanor conviction in Florida can impact your ability to own a gun. While you may still be able to own a gun in Florida, you must comply with all applicable federal and state laws. If you are unsure about your ability to own a gun with a misdemeanor conviction, it is recommended that you consult with a legal professional or law enforcement agency.
Table: Summary of Federal and State Laws
Federal Law | State Law |
---|---|
Prohibits individuals with misdemeanor crime of domestic violence from owning/possessing firearms | Prohibits individuals with felony convictions from owning/possessing firearms |
Prohibits individuals with felony convictions from owning/possessing firearms | Prohibits individuals who are fugitives from justice, mentally defective, or unlawful users of controlled substances from owning/possessing firearms |
Note: This article is intended to provide general information and should not be considered legal advice. If you are unsure about your ability to own a gun with a misdemeanor conviction, it is recommended that you consult with a legal professional or law enforcement agency.