What Misdemeanors Prohibit Gun Ownership in Florida?
In the State of Florida, individuals convicted of certain misdemeanors can face restrictions or prohibitions on their right to possess firearms. The specific crimes that disqualify a person from owning a gun in Florida are outlined in statute 790.06 Florida Statutes. In this article, we will provide an overview of the misdemeanor crimes that prohibit gun ownership in Florida.
A Brief Overview of Florida Law
Before diving into the specific misdemeanors, it’s essential to understand how Florida law approaches gun rights. In Florida, all individuals have the right to bear arms, as explicitly stated in the Florida Constitution. However, this right is not absolute and may be restricted or revoked depending on certain circumstances. Additionally, federal law prohibits anyone who has been convicted of a felony or is chemically dependent from possessing or receiving a firearm.
Misdemeanors Prohibiting Gun Ownership
To determine which misdemeanors prevent gun ownership in Florida, we must look at sections 790.06 (3) and (5) of the Florida Statutes. These sections categorize certain misdemeanors that disqualify a person from owning a gun as follows:
- Misdemeanor Batteries: Section 790.06 (5) (a) bans individuals who have been convicted of a misdemeanor battery after October 1, 1999, from possessing firearms. This includes instances of domestic violence, child battery, and battery on an elderly person.
- Misdemeanor Stalking: _Section 790.06 (5)(b) prohibits individuals with a misdemeanor stalking conviction_** from owning firearms, effective October 1, 2005. Misdemeanor stalking laws apply to situations where the stalking or battering affects, or is intended to affect, the victim’s movement, residence, or day-to-day activities.
- Misdemeanor Resisting an Officer: Section 790.06 (5)(c) includes misdemeanor resisting an officer offenses that were committed after October 1, 1999. Those convicted of resisting an officer with violence or threats while armed with a weapon face gun ownership restrictions.
- Misdemeanor Disorderly Conduct with a Weapon: Section 790.06 (5)(d) prohibits individuals who have committed misdemeanor disorderly conduct with a deadly weapon after October 1, 1999, from owning firearms._
Other Crimes That Implicate Gun Ownership Rights
In addition to the previously mentioned misdemeanors, individuals convicted of the following offenses may also face gun restrictions or prohibitions:
• Misdemeanor Lewd and Las Vegas: A 2011 law, aimed at preventing sexual predators, prohibits individuals with a previous conviction for lewdness or indecent exposure (Section 790.06 (5)(a)) from owning a firearm.
• Misdemeanor Illegal Use of a Minor as a Witness: Since 2005, offenders convicted of using a child as a witness or misdemeanor illegal use of a child as a witness (Section 790.06 (5)(g)**) are barred from gun ownership due to this malicious and exploitative behavior._
Table: Misdemeanors Prohibiting Gun Ownership in Florida
| Misdemeanor | Effective Date |
|---|---|
| Misdemeanor battery | October 1, 1999 |
| Misdemeanor stalking | October 1, 2005 |
| Misdemeanor resisting an officer | October 1, 1999 |
| Misdemeanor disorderly conduct with a weapon | October 1, 1999 |
| Misdemeanor lewd and las Vegas | N/A |
| Misdemeanor illegal use of a minor as a witness | N/A |
Conclusion
When it comes to gun ownership in Florida, a critical aspect to consider is that certain misdemeanors can impede or prohibit this constitutional right. Understanding which convictions incur gun restrictions is crucial to ensuring public safety and justice. By examining the law and its specific provisions, we can better comprehend which misdemeanors prohibit gun ownership in Florida. If you have any questions or concerns regarding gun ownership rights or restrictions, it is crucial to consult with an expert or legal professional.
Referenced Statutes:
- 790.06(3) Florida Statutes
- 790.06(5) Florida Statutes
