Florida Statute Section 790.065 governs the sale and delivery of firearms by a licensed dealer. Just getting “arrested” for a “dangerous” offenses listed in Section 907.041(4)(a) would make you ineligible to purchase a firearm while your case was still pending in court.
An Arrest for a “Dangerous Offense” Will Prohibit a Gun Purchase
- Aggravated Assault
- Arson
- Aggravated Battery
- Illegal Use of Explosives
- Child Abuse or Aggravated Child Abuse
- Abuse of Elderly, Disabled Adult, or Aggravated abuse of an Elderly Person or Disabled Adult
- Aircraft Piracy
- Kidnapping
- Homicide
- Manslaughter
- Sexual Battery
- Robbery
- Car jacking
- Lewd, Lascivious Child Child Under Age 16
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority
- Act of domestic violence as defined in s. 741.28
- Home invasion robbery
- Act of terrorism as defined in s. 775.30
- Manufacturing any substances in violation of chapter 893; and
- Conspiring or attempting to commit any of the above offenses
Other Arrests That Disqualify You
From Purchasing a Firearm in Florida
A recent arrest for one of the following additional offenses listed in Section 790.065(2)(c)1 would also make you ineligible to purchase a firearm:
- Criminal anarchy under ss. 876.01 and 876.02.
- Extortion under s. 836.05.
- Explosives violations under s. 552.22(1) and (2).
- Controlled substances violations under chapter 893.
- Resisting an officer with violence under s. 843.01.
- Weapons and firearms violations under this chapter.
- Treason under s. 876.32.
- Assisting self-murder under s. 782.08.
- Sabotage under s. 876.38.
- Stalking or aggravated stalking under s. 784.048.
Of course, the most common disqualifying offenses is a “Controlled Substance” violation. These would include, but are not limited to sale or possession of Cocaine, Oxycodone, felony or misdemeanor amounts of marijuana, Alpralozam (Xanax), Diazepam (Valium), Heroin, MDMA (Ecstasy), Methadone, Suboxone.
Can I Buy a Gun in Florida if A Felony Information
Has Been Filed, but my Criminal Case is Still Pending?
If after your arrest, the State Attorney’s Office files an official charging document called an “Information” that alleges you committed any felony offense and your case is still pending in court, then Florida Statute Section 790.065(2)(c)1 would prohibit licensed firearms dealers from selling you a firearm. There is an equivalent federal prohibition for the sale of a firearm under these circumstances found under 18 U.S.C. 922(g) and (n), and 27 CFR 478.32 It is important to understand, that the formal filing of “any” felony offense, (Not just those crimes listed above,) would trigger the prohibition to sell you a firearm.
Can I Own a Gun in Florida if an Injunction or
Restraining Order Has Been Entered Against Me?
Florida Statute Section 790.233 prohibits persons from possessing a firearm after a final injunction has been issued restraining that person from committing acts of domestic violence as issued under 741.30, or from committing acts of stalking or cyber-stalking as issued under 784.0485. It is important to note that this prohibition only applies if your restraining order is still in full force and effect. A final injunction can last your entire lifetime, or until you retain counsel to petition the court to dismiss, cancel or dissolve the injunction. If an injunction is currently affecting your Second Amendment right to own a firearm, you should call us to discuss the facts of your case and learn how we can help.
How Does a Felony Conviction Affect My Firearm Rights?
A felony conviction can result in a significant negative impact on your life. It can have an adverse affect on employment, professional licensing or educational opportunities. Florida Statute Section 790.23 makes it a serious criminal offense for a convicted felon to possess a firearm. A conviction resulting from a felon being in possession of a firearm carries up to a $15,000.00 fine and 15 years in the Florida State Prison System. More importantly, pursuant to Florida Statute Section 775.087(2)(a)1.r. the Judge is required to impose a three-year minimum mandatory term of incarceration within the Department of Corrections. Keep in mind that a conviction for any type of felony offense falls under this firearm prohibition. See Video: Defending Felony Offenses in Pinellas County Florida.
Can I Own a Gun if I Have Been Convicted of Misdemeanor Domestic Violence Offense?
Pursuant to 18 U.S.C. Section 922(g)(9) (The Lautenberg Amendment) it is a violation of federal law to own, use or possess a firearm if you are convicted of a misdemeanor domestic violence offense. It is imperative that if arrested for a Domestic Violence offense, you seek our immediate advice and counsel. Our early intervention can sometimes result in convincing the prosecutor not pursue the charge by having him file a “no information.” In other situations, we may be able to have you participate in a “diversion program” (Domestic Violence Intervention Program) that if successfully completed would result in a dismissal of the Domestic Violence charge. See also our video on the sealing or expungement of your Pinellas County criminal records.
How Does an Outstanding Warrant Affect My Firearm Rights?
Federal law 18 U.S.C. 922(g)(2) makes it unlawful for a firearms dealer to sell or deliver a firearm to someone who is a fugitive from justice. Your warrant is never going to expire. It will forever remain active until you are either arrested or the warrant is withdrawn by the court. Ignoring the warrant won’t make it disappear. To the contrary, in today’s “computer age” you are an easy target for law enforcement. Worse yet, when an individual is served with an outstanding warrant, more often than not, their arrest seems to occur at the most inconvenient and embarrassing of times. Getting your warrant withdrawn and your case finally resolved could be easier than you think. The lawyers in our office routinely assist clients with outstanding Pinellas county warrants.
Video: Pinellas Warrants and Out of State Clients
Video: How to Handle a Pinellas Warrant
Withhold of Adjudication and Firearm Rights
When we secure a withhold of adjudication for our clients, it means that they have avoided a formal conviction. If after a thorough investigation of the facts and possible defenses in your case you instruct your attorney to engage in plea bargain negotiations, the securing of a withhold of adjudication can be an important strategy in saving your Second Amendment rights to own a firearm. This sentencing option is found in Florida Statute Section 948.01(2) and permits the offender to thereafter truthfully state that they were never convicted of the criminal offense. Watch Our Video to Learn the Benefits of a Withhold of Adjudication
*Your telephone conversation with a lawyer is strictly confidential and covered under the attorney/client privilege.
At Russo & Russo, we are Pinellas County Defense Attorneys experienced in helping clients preserve their firearm rights.
Former state prosecutors who can help!
Free Consultation: (727) 578-0303
Criminal Defense Solutions: www.defensehelp.com
Helpful Related Links:
Can You Legally Own a Firearm While Serving Probation in Florida?
Minimum Age 24 for Some Floridians to Own a Firearm
When Applying for a Job – Will The Employer Run a Background Check?
”Standing Your Ground” Could Be an Unsteady Defense
Getting the Right Outcome on a Domestic Violence Charge Critical to Firearm Rights
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