Can You Own a Gun With a Misdemeanor in Florida?
Can You Own a Gun With a Misdemeanor in Florida?
In Florida, the right to bear arms is enshrined in the state constitution. However, there are a number of restrictions on who can own a gun, including those who have been convicted of a misdemeanor.
This article will explore the laws surrounding gun ownership in Florida, including the specific misdemeanors that disqualify someone from owning a gun. We will also discuss the process for restoring gun rights to those who have been convicted of a misdemeanor.
By the end of this article, you will have a better understanding of the laws governing gun ownership in Florida and how they affect you.
What Misdemeanors Prevent You From Buying a Gun in Florida?
In Florida, there are a number of misdemeanors that can prevent you from buying a gun. These include:
- Domestic violence. If you have been convicted of a domestic violence misdemeanor, you are prohibited from owning a gun for 5 years. This includes misdemeanors such as assault, battery, and stalking.
- Drug offenses. If you have been convicted of a drug offense, you are prohibited from owning a gun for 5 years. This includes misdemeanors such as possession of marijuana, possession of drug paraphernalia, and drug trafficking.
- Resisting arrest. If you have been convicted of resisting arrest, you are prohibited from owning a gun for 5 years.
- Unlawful possession of a firearm. If you have been convicted of unlawfully possessing a firearm, you are prohibited from owning a gun for life.
- Certain other crimes. There are a number of other misdemeanors that can also prevent you from owning a gun, such as grand theft, burglary, and robbery.
If you have been convicted of any of these misdemeanors, you will need to wait the specified amount of time before you can legally purchase a gun. You can check your criminal history by visiting the Florida Department of Agriculture and Consumer Services website.
List of Misdemeanors
The following is a list of misdemeanors that can prevent you from buying a gun in Florida:
- Domestic violence (including assault, battery, and stalking)
- Drug offenses (including possession of marijuana, possession of drug paraphernalia, and drug trafficking)
- Resisting arrest
- Unlawful possession of a firearm
- Certain other crimes (including grand theft, burglary, and robbery)
How to Check Your Criminal History
You can check your criminal history by visiting the Florida Department of Agriculture and Consumer Services website. To do this, you will need to provide your name, date of birth, and social security number. You will also need to pay a fee of $25.
Once you have submitted your information, you will be able to view your criminal history online. This will include any misdemeanors that you have been convicted of, as well as any other criminal offenses.
If you have any questions about your criminal history, you can contact the Florida Department of Agriculture and Consumer Services.
3. What Are the Exceptions to the Ban on Buying a Gun with a Misdemeanor?
There are a few exceptions to the ban on buying a gun with a misdemeanor in Florida. These exceptions include:
- Right to Carry. Individuals who have been convicted of a misdemeanor may still be eligible to purchase a gun if they have a valid concealed carry permit. To obtain a concealed carry permit, you must be at least 21 years old, not a convicted felon, and have not been convicted of any misdemeanors involving violence or domestic violence.
- Exemptions for Certain Misdemeanors. Some misdemeanors are not considered disqualifying offenses for purchasing a gun. These include:
- Misdemeanors that are not violent or domestic violence-related
- Misdemeanors that occurred more than 10 years ago
- Misdemeanors that were dismissed or expunged
If you have been convicted of a misdemeanor, you should consult with an attorney to determine if you are eligible to purchase a gun.
Right to Carry
Individuals who have been convicted of a misdemeanor may still be eligible to purchase a gun if they have a valid concealed carry permit. To obtain a concealed carry permit, you must be at least 21 years old, not a convicted felon, and have not been convicted of any misdemeanors involving violence or domestic violence.
The process for obtaining a concealed carry permit in Florida varies by county. However, generally speaking, you will need to submit an application to the sheriff’s office in your county. The application will require you to provide your personal information, fingerprints, and a photograph. You will also need to provide proof of your identity and residency.
Once your application is submitted, the sheriff’s office will conduct a background check. If you are approved for a concealed carry permit, you will be issued a permit that is valid for five years.
Exemptions for Certain Misdemeanors
Some misdemeanors are not considered disqualifying offenses for purchasing a gun. These include:
- Misdemeanors that are not violent or domestic violence-related
- Misdemeanors that occurred more than 10 years ago
- Misdemeanors that were dismissed or expunged
If you have been convicted of a misdemeanor, you should consult with an attorney to determine if you are eligible to purchase a gun.
The laws regarding gun ownership in Florida are complex. If you have been convicted of a misdemeanor, it is important to speak with an attorney to determine if you are eligible to purchase a gun.
Can you own a gun with a misdemeanor in Florida?
Answer: It depends on the type of misdemeanor. Some misdemeanors, such as driving under the influence (DUI), domestic violence, and certain drug offenses, will disqualify you from owning a gun. Other misdemeanors, such as petty theft or shoplifting, will not.
What misdemeanors disqualify you from owning a gun in Florida?
Answer: The following misdemeanors will disqualify you from owning a gun in Florida:
- DUI
- Domestic violence
- Aggravated assault
- Battery
- Burglary
- Robbery
- Theft
- Drug possession
- Drug trafficking
What if I have a misdemeanor that is not listed here?
Answer: If you have a misdemeanor that is not listed here, you should consult with an attorney to see if it will disqualify you from owning a gun.
How can I find out if I am disqualified from owning a gun in Florida?
Answer: You can find out if you are disqualified from owning a gun in Florida by contacting the Florida Department of Agriculture and Consumer Services (FDACS). FDACS is the state agency that is responsible for issuing gun licenses in Florida.
Can I get a gun license if I have a misdemeanor?
Answer: It is possible to get a gun license in Florida even if you have a misdemeanor. However, the process will be more difficult and you may be required to provide additional information or documentation.
What are the steps to getting a gun license in Florida if I have a misdemeanor?
Answer: The steps to getting a gun license in Florida if you have a misdemeanor are as follows:
1. Contact FDACS and find out if you are disqualified from owning a gun.
2. If you are not disqualified, submit a gun license application to FDACS.
3. Provide any additional information or documentation that FDACS may request.
4. Pay the application fee.
5. Attend a gun safety course.
6. Pass the gun safety course.
7. Wait for FDACS to approve your application.
What if I am denied a gun license?
Answer: If you are denied a gun license, you can appeal the decision. The appeal process will be handled by the Florida Department of Law Enforcement (FDLE).
Can I get my gun rights restored if I have a misdemeanor?
Answer: Yes, you can get your gun rights restored if you have a misdemeanor. The process for restoring your gun rights will vary depending on the type of misdemeanor you have.
What are the benefits of owning a gun in Florida?
Answer: There are many benefits to owning a gun in Florida, including:
- Self-defense
- Hunting
- Sport shooting
- Collecting
What are the risks of owning a gun in Florida?
Answer: There are also some risks associated with owning a gun in Florida, including:
- Accidental shootings
- Suicide
- Gun theft
- Gun violence
Overall, the decision of whether or not to own a gun is a personal one. You should weigh the benefits and risks carefully before making a decision.