Most citizens are familiar with the concept that the Second Amendment, part of the Bill of Rights in the federal Constitution, protects their right to bear arms. Gun rights activists have long maintained that the Second Amendment protects an individual right, meaning that regular citizens have the right to carry and own firearms. Nonetheless, there are still important restrictions with regard to the right of gun ownership for people who have a felony criminal record in the state of Florida. Convicted felons are not allowed to possess firearms in Florida. A felony is a crime that is punishable by more than a year in prison, even if the actual sentence the defendant received was different - such as 18 months of probation rather than time in prison. Even if your case did not go to trial, but you pleaded guilty, you are considered by Florida criminal law to be a convicted felon.
Florida recognizes a separate crime which is usually called "felon in possession of a firearm," but is broader than the name suggests, applying not only to guns, but also to ammunition, tasers, tear gas guns, and concealed weapons more generally. The felon can be a person convicted of a crime punishable by more than one year in prison - even if the conviction was in a different state or country or was a federal crime.
The felony conviction does not even have to be for a crime involving violence or the use of a gun or weapon of any kind. In fact, even white collar crimes and other nonviolent convictions can result in the loss of your right to possess a gun. Possession does not mean only ownership; it can also mean just holding onto another person's weapon or having one in your vehicle. The only way to regain your right to gun ownership if you have a felony conviction is to have your civil rights and firearm rights restored by the state.
If you have been charged as a felon in possession in the state of Florida, contact the criminal defense attorneys at Musca Law.
