Florida Gun Laws | Jack Bernstein, Injury Attorneys (2023)

FAQs

How much does it cost to restore gun rights in Florida? ›

If after reviewing the eligibility for the restoration of your firearms rights, we determine that your record determines that you qualify, we only charge an additional $995 to prepare and file the application for the restoration of your gun rights.

A conviction for a misdemeanor crime of violence in the last three years. A conviction for violation of controlled substance laws or multiple arrests for such offenses. A record of drug or alcohol abuse. Two or more DUI convictions within the previous three years.

If you have been convicted or found guilty of a misdemeanor crime of violence, you are not eligible for a Concealed Weapon or Firearm License unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.

Although in Florida people do not need a permit to buy or own a gun, they do need a concealed weapon permit to carry a concealed weapon.

Florida state law does not limit how far back a background check can go in the state.

Yes, it is possible for you to live with a felon and a firearm in the same house. However, the convicted felon cannot possess the firearm. In Florida, there are two types of possession: actual and constructive. Actual possession is when someone has exclusive control or custody over the firearm.

A concealed firearm is “any firearm … which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” This lisence/permit allows you to carry the weapon on you in away that is hidden from the public (i.e under your shirt, in your jacket, ankle holsters, etc.)

In the interview, Commissioner Fried stated that under Florida law a person with a Medical Marijuana card could apply for and receive a Concealed Weapon or Firearm License (CWFL). Further, she said that those who already have an MMC should not lose their CWFL.

Medical Marijuana and a Concealed Weapon License

Before we delve much deeper, we want to assure you that in Florida, it is legal to have a CWL and medical marijuana card at the same time. One does not preclude the other, contrary to popular belief.

In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1).

How long after expungement can I buy a gun in Florida? ›

How long after expungement can I buy a gun in Florida? If you seal or expunge your case you do not have to wait the three years to get the Florida concealed weapons permit. Remember that any conviction for a felony makes you ineligible to get a concealed weapons permit or even own a firearm.

Prior criminal convictions (both felony and misdemeanor) are included in any defendant's scoresheet and receive an assigned point value based on the level of the offense.

Can You Carry a Concealed Weapon in a Bank in Florida? There is no Florida statute prohibiting Florida CWL holders from carrying in a bank.

House Speaker Paul Renner unveiled a bill last week that would allow people to carry a concealed weapon without a permit. People who carry concealed weapons in Florida must complete a gun safety course, but that could change under a bill that has the backing of the state's Republican leaders.

Florida's “Stand-Your-Ground” law was passed in 2005. The law allows those who feel a reasonable threat of death or bodily injury to “meet force with force” rather than retreat. Similar “Castle Doctrine” laws assert that a person does not need to retreat if their home is attacked.

Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA's “7-year rule,” for example, certain criminal records must be removed from an applicant's history after seven years.

In general, background checks cover seven years of criminal and court records, but some may go back further. Federal and state employment laws may also limit how far back employers can search.

Level 2: a state and national fingerprint-based check and consideration of disqualifying offenses and applies to those employees designated by law as holding positions of responsibility or trust.

Shooting ranges have the right to review a customer's criminal background before granting them entry. In Florida, people with a felony conviction are not allowed to possess, operate, or own a gun.

Further, the penalty for felons possessing or carrying firearms is severe. Even if that's the only charge you're facing, felon in possession of a firearm is a second-degree felony in Florida. That means up to 15 years in prison, with a minimum mandatory term of 3 years.

What felons can't do in Florida? ›

Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.

Florida has no laws regulating large capacity ammunition magazines.

You are allowed to openly carry a weapon on your own property (see Florida Statute 790.25 (n)); however, if you have a guest on your property, they are not legally able to openly carry that weapon, even if you give them permission.

Medical marijuana cards can only be obtained through a doctor, meaning HIPAA law prevents this information from being disclosed. Because medical marijuana cards are technically part of a candidate's health records, this information cannot be shared.

Finally, although Federal law never makes it illegal to purchase a firearm if you possess a Medical Marijuana card, it does state that a person cannot sell a firearm or ammunition to a person if they have reasonable cause to believe they are an unlawful user of a controlled substance.

How Much Flower Can I Purchase in Florida? The answer to this question depends partially on the state laws and partially on your own doctor. The state of Florida has set a limit that says patients may not purchase more than 2.5 ounces of smokable marijuana within a given 35-day stretch of time.

PATIENT POSSESSION LIMITS

A 35-day supply limit for marijuana in a form for smoking shall not exceed 2.5 ounces. …

In Florida, a patient can expect to pay about $75 for their medical marijuana card which will be issued from the Florida Department of Health. There is a renewal fee for the card too. This is $75 and it covers the card for a full year.

Types of Clemency

Full Pardon – A Full Pardon unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction, including the right to own, possess, or use firearms.

Can a felon hunt in Florida? ›

The answer in short is that a convicted felon who has had his or her civil rights restored by the Florida Board of Executive Clemencyor who uses a firearm that qualifies as an “antique firearm” under Florida Statute 790.001 can legally hunt.

→ Individuals who have previously had their civil rights restored under Florida law and are convicted of another felony offense must wait at least 7 years after completing all non-financial terms of the sentence for their subsequent conviction before they are eligible for civil rights restoration in Florida again.

If you seal or expunge your case you do not have to wait the three years to get the Florida concealed weapons permit. Remember that any conviction for a felony makes you ineligible to get a concealed weapons permit or even own a firearm.

Once a record has been expunged under Section 943.0585, F.S. it is no longer available to be disseminated to anyone, under any circumstances, absent a court order so authorizing.

Even though there are some issues with your credit report that might go away after seven years, this is not the case with a criminal record. If you have been convicted of a misdemeanor in the State of Florida, it is going to stay on your record forever unless you are able to have the conviction overturned.

In Florida, a first-time offender is a person that is facing a criminal conviction for the first time. Depending on the severity of the crime, first-time offenders may receive the court's mercy. Court leniency is less likely to be available for violent crimes and offenses that involve the use of weapons.

The Florida Department of Law Enforcement (FDLE) has set guidelines by which this is determined. If you have ever been adjudicated guilty of any crime, felony or misdemeanor, you will not be able to qualify to have a criminal history record sealed or expunged.

Open carry is not legal in Florida, except for a few limited exceptions such as when engaged in fishing, camping, lawful hunting or target practice at an indoor range. Concealed carry is legal for residents with a Florida CWL and for non-residents with a CCW permit from a state that Florida honors.

Stat. Section 790.25(5). "Open carry" means someone can see your gun, but it must still be securely encased inside your vehicle. Thus, carrying a firearm inside your vehicle is not so much about whether the gun can be seen, but rather whether it is securely encased.

Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen does not have a concealed weapon license.

How many guns can you own legally in Florida? ›

Florida imposes no restrictions on sales or purchases of multiple firearms.

Although in Florida citizens are allowed to possess a gun, only authorized people can carry a concealed weapon. In other words, if you do not have a license or fall into one of the lawful uses established by the Florida Statute § 790.25(3), you cannot carry a gun out in the open or a concealed weapon.

Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement. There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms.

A warrant may give police officers permission to enter a property. If the police want to enter your property to search for something such as drugs, they generally need a warrant to do so. That is, unless police have some other reason to believe that a crime is being committed.

(By law, any property owner who believes the culprit poses a threat and has committed a trespassing crime, may take the culprit into custody and detain the individual until law enforcement officers arrive.)

As long you're not engaged in an unlawful activity yourself, in Florida you have no "duty to retreat" (hence "stand your ground") and can "meet force with force" when trouble arises, as long as you're not the aggressor.

Full Pardon – A Full Pardon unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction, including the right to own, possess, or use firearms.

Those wishing to restore their rights must submit a Restoration of Civil Rights Application accompanied by certified court documents for each felony conviction. Every application that meets the requirements may be referred to the Florida Parole Commission for an investigation, report and recommendation.

In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1).

Level-2 status was. given to offenders who had committed severe offenses.' Level-3 offenders were required to. petition for a hearing before the Clemency Board to have their civil rights restored.¹ Level-3. offenders were persons who had been convicted of certain serious offenses, such as murder or a.

What felons Cannot do in Florida? ›

Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.

According to the FCRA's “7-year rule,” for example, certain criminal records must be removed from an applicant's history after seven years. These records include civil lawsuits, judgments against an applicant, arrest records, and paid tax liens. The FCRA also imposes a few additional restrictions on Florida employers.

If you have a criminal record it does not go away automatically after 7 (seven) years whether you were convicted or not. If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes.

Who qualifies for clemency? An offender must have completed their sentence including the terms of supervision, must not have any pending criminal charges or outstanding detainers/warrants, have paid all victim restitution, and must meet the timeframes established by the Board of Executive Clemency.

Can I apply for a licence if I have a criminal record? Section 21 of the Firearms Act 1968 prohibits a person from possession of any type of firearm if you have been given a custodial sentence when convicted of a criminal offence.

This is not a quick process, and you should expect that your clemency will take six months to a year to be completed. You will find that the season and whether or not you have a lawyer will impact the speed with which your clemency case is resolved.

SPECIFIC AUTHORITY TO OWN, POSSESS, OR USE FIREARMS (Rule 5. D.): This type of investigation requires that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 8 years.

Once your record is expunged in Florida, you will be able to apply to a wide range of state and local government jobs such as teaching or law enforcement. As with any court filing there is a small fee. In Florida the cost for an expungement petition is $75.