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Who is prohibited from owning a gun in Florida?

by | May 19, 2017 | Weapons Crimes |

Gun control has long been a hot button issue in this country. In 2005, Florida’s was the first state to pass a stand your ground law.

Florida’s passing of this law took away the necessity for those bearing weapons to retreat before deciding to use force in an act of self-defense. In other words, Florida law, in general, allows anyone who fears being killed or suffering severe bodily harm to use deadly force without making any effort to get out of harm’s way first.

Needless to say, the passing of this law convinced many to seek out weapons to protect themselves if they happened to be targeted by a criminal. This forced Florida to impose a waiting period of three business days for a gun permit applicant to make a purchase. Even then, certain types of weapons are illegal to purchase under state code 790.001. These include any type of short barreled shotgun or machine gun.

In addition to the purchase of certain firearms being prohibited, Florida also restricts certain individuals from owning guns. For example, any minor under the age of 21 and anyone who is a convicted felon are not allowed to make gun purchases. Likewise, any chronic user of alcohol or drugs or someone with a substance abuse conviction on his or her record from the past three years is unable to possess a firearm as well.

Any person that has deemed to be legally incapacitated or that has resided in a mental institution within the past five years is also prohibited from making a purchase of a weapon in Florida. Finally, anyone who has a pending legal injunction filed against him or her for domestic violence may be disallowed from owning a gun as well.

Also worth noting is that Florida takes the possession of guns in or around school grounds very seriously. Under state law, doing so is considered a felony under criminal codes 790.115 and 810.095.

Aside from the aforementioned, the use of a gun along with the commission of another crime, not having a valid permit, or carrying them inside places where it’s prohibited to do so are all crimes that are taken very seriously in Florida. If you’re facing weapons charges in Orlando, you might find it beneficial to seek out the guidance of a criminal defense attorney.

Source: FindLaw, “Florida Gun Control Laws,” accessed May 19, 2017