It is fairly common knowledge that “convicted” felons are unable to lawfully possess a firearm. More specifically, Florida Statute Section 790.23 makes it “unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device,” if that person has previously been convicted of a felony. However, what most people don’t know is that if you are under the age of twenty-four, the absence of a felony conviction is not the only prerequisite to enjoying your Second Amendment right to keep and bear arms.
The Under 24 Years Old Exception
If you are currently under the age of 24, but when you were a minor you “committed” a delinquent act that would be a felony if it had been committed by an adult, then pursuant to Florida Statute Section 790.23(1)(b) it is unlawful for you to own, use or possess a firearm. To make matters worse, because of your youthful indiscretion, your subsequent possession of a firearm before your twenty-fourth birthday would subject you to prosecution for a second degree felony offense. These criminal charges are punishable by up to fifteen years in prison and a $10,000.00 fine. See: Florida Statute Section 775.082(3)(c) and Florida Statute Section 775.083(b).
A Conviction in Juvenile Court is Not a Necessary Prerequisite
It would appear that the Florida legislature went out of their way to use the word “committed” as it pertains to juvenile offenses. In other words, an “adjudication of delinquency” is not a necessary prerequisite for the automatic imposition of the “under 24 years old” temporary firearm possession ban. In our criminal court system, an “adjudication of delinquency” is not the equivalent of finding that the child committed the delinquent act. To the contrary, the “adjudication of delinquency” is the mechanism by which the court empowers itself with the ability to impose a more restrictive sentence. For example, an “adjudication of delinquency” would be necessary to sentence the child to a secure detention facility. Where the court “withholds formal adjudication of guilt, the court has already made a finding that the the offense was “committed.” See: Florida Statute Section 985.228(4). The “withholding of adjudication” is simply a method by which the court can impose a non residential disposition best suited toward a rehabilitative goal.
Adult Offenders vs. Juvenile Offenders
Florida Statute Section 790.23 provides that an adult must be a “convicted” felon before he is forever prohibited from possessing a firearm. Whereas, it only need be shown that a juvenile “committed” the equivalent of a felony offense before he is subjected to the “under age 24” temporary ban. Therefore, an individual facing a felony offense in adult court who receives a withhold of adjudication would not have to wait until they were 24 years of age. (Although they would have to wait until they finished serving any probationary sentence imposed.) It is also noteworthy to mention that eligibility for a Florida Concealed Weapon or Firearm License requires that three years have elapsed since the probation and other court conditions have been fulfilled. However, there is a provision in the law whereby you can avoid the three year wait by having us get your arrest record sealed.)
On the other hand, a minor prosecuted in juvenile court for the equivalent of a felony offense who receives a “withhold of adjudication” (as opposed to an “adjudication of delinquency”) would nevertheless be required to wait until their 24th birthday before he can lawfully possess a firearm. The withhold of adjudication may have avoided a formal conviction, but it is viewed by the legislature as not excusing the fact the offense was still “committed.” As might be expected, the Florida Department of Agriculture & Consumer Services, Division of Licensing will not issue a Concealed Weapon or Firearm License until that same individual has reached 24 years of age.
Is the “Under Age 24” Firearm Ban Constitutional?
One might think that the unequal treatment between adult offenders and juvenile offenders might be unconstitutional. However, Florida’s Second District Court of Appeals in State v. Menuto upheld the constitutionality of the “Under Age 24” firearm prohibition. The reasoning behind the Florida legislation is said to be that juvenile sentencing is designed to rehabilitate and adult sentencing is designed to punish. The Menuto court found that requiring the minor to wait out an additional time period before he could lawfully possess a firearm both furthered rehabilitation and provided protection to the public.
Not Waiting Until Age 24 Could Result in a Lifetime Firearm Prohibition
Getting arrested for unlawfully possessing a firearm can have long term ramifications. In 2004, new legislation took away much of a judge’s discretion to withhold adjudications of guilt in second degree felony cases. See: Florida Statute section 775.08435(1)(b) If you are prohibited from possessing a firearm until age 24 because of your past involvement with the Juvenile Criminal Justice System and you are subsequently convicted of unlawful possession, you could likely end up a convicted adult felony offender. This would prevent you from possessing a firearm for the entirety of your life.
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