Compared with many other states, Florida gun laws are fairly permissive. There are not many restrictions on gun ownership and possession, but there are some that must be followed or you risk weapon charges. If you have questions regarding Florida’s firearm laws or are facing a criminal weapons charge, contact Attorney Ron Herman. As an experienced criminal defense attorney, Ron Herman has a thorough understanding of this area of law and is here to help you in any way he can.
What Are Florida’s Restrictions on Gun Ownership?
In Florida, residents do not have to have a permit to buy handguns, rifles, or shotguns. Additionally, there is no requirement to register a firearm nor is there for owners to get a license or have a permit to carry a rifle or shotgun. There is, however, a requirement for Floridians to have a permit to carry a handgun. Also, there is a ban on machine gun ownership, unless the possession has specifically been permitted under federal law. Licensed firearm dealers, however, are required to complete a form from a prospective firearm buyer and receive approval for the transfer of a firearm by the Department of Law Enforcement. This approval is contingent on a background check of the prospective buyer.
Florida residents under the age of 18 are not permitted to buy or possess a firearm, unless given permission from a parent or guardian. With parent or guardian permission, a minor may posses a firearm, including air guns and BB guns. However, a minor may only possess a firearm if participating in legal, recreational activities such as sporting and hunting while under the supervision of a parent, guardian, or certified instructor. Otherwise, minors are only allowed to possess a firearm while at his or her residence while the firearm is unloaded.
One of the biggest restrictions on gun ownership regards convicted felons. A felony conviction in Florida results in losing civil rights such as the right to vote in a presidential election and your right to use or possess a firearm. In order to once again have access to these rights, you need to have your civil rights restored through the clemency process. There are several types of clemency that may be granted including anything from a full pardon to a pardon excluding firearm authority to authority to possess or use firearms. In order to lawfully own or use a firearm after a felony conviction, your clemency must include the right to own or use a firearm being restored. Whether or not this particular type of clemency will be granted will largely turn on the type of felony charges that were included in your felony conviction and the specific facts and circumstances surrounding your case.
Protecting Your Rights to Gun Ownership and Possession
While fairly permissive, there are still explicit and specific requirements for gun ownership and possession in Florida. Running afoul of these rules can land you with criminal charges. If you are facing a weapons charge or have questions regarding weapon ownership in Florida, Attorney Ron Herman is here to provide sound legal counsel. As a trusted criminal defense attorney, Ron Herman has the answers to your firearm charge questions and concerns.