FAQs About Firearms In Florida
Under the Second Amendment, most Americans have the right to own firearms, but the law is a bit more complex than that. It is crucial that all Floridians know the federal and state laws that govern firearms so they can avoid any future trouble with law enforcement. The laws can be confusing though, and you may have many questions. Below are some of the most frequently asked questions we hear, and the answers to them.
Does Florida Law Require Me to License and Register My Firearm?
Florida’s laws on firearms are more relaxed than many other states and generally speaking, you do not have to license or register your firearm. The only exception to this law is when you possess certain weapons listed within the National Firearms Act that require licensing and registration.
Can I Carry My Firearm in My Car?
You can carry your firearm in your vehicle and you do not even need a concealed weapon permit to do it. However, you must make sure it is securely encased and that it is not readily available for immediate use. Still, Florida does not impose a two or three step process to use the firearm, unlike many other states. Without these restrictions, you could potentially keep the firearm in your glove compartment and that may be enough to fulfill the requirement.
Can I Restore My Rights After a Federal Conviction?
The only way to restore your rights after being federally convicted of a firearms offense is to pursue a Presidential pardon.
Can I Restore My Rights After a State Conviction?
After a state conviction for a firearms offense, you have to wait until eight years have passed since your sentence and any other penalties related to the crime, such as probation. The process involves applying for executive clemency through the state government.
Can My Spouse Possess a Firearm if I have a Felony Conviction?
If you have been convicted of a felony, your spouse likely cannot own a firearm. A felony conviction prohibits you from owning a firearm, and if your spouse owns one, it is known as constructive possession because it is quite easy for you to obtain and use the firearm. In some cases, it may be possible for your spouse to own a gun but they must keep it in a locked location and make sure they are the only one with access to the key or combination.
Our Florida Criminal Defense Lawyers Can Answer Your Questions
If you have additional questions about the law on firearms in Florida, or you have been charged with a weapons crime, our Orlando criminal lawyers are here to help. At O’Mara Law Group, we know the state and federal laws that apply to firearms and will tell you how they apply to your case. Call us today at 407-898-5151 or fill out our online form to learn more.