Possessing a Firearm After a Domestic Violence Conviction
Florida has robust gun rights in place that allow residents to enjoy generous firearm privileges, but domestic violence is a prime example of when these rights may be curtailed. You may be concerned about possessing a firearm after a domestic violence conviction because you have a charge pending. Our local domestic violence attorneys at The Umansky Law Firm could help you understand your gun rights. Possessing a firearm after a domestic violence conviction can come with some trouble, so you need us to walk you through what to do next.
State and Federal Laws
There are laws at the state and federal levels regarding domestic violence charges and gun rights. Both set specific parameters on firearm ownership in the context of domestic violence charges.
Federal Laws
Federal laws prohibit anyone who has been convicted of a misdemeanor or felony domestic violence charge from possessing or purchasing a firearm or ammunition. The same is true if you are subject to specific domestic violence protective orders.
This prohibition applies to both state and federal domestic violence offenses that involve an element of physical force or the threatened use of a deadly weapon. Additionally, one of the following must apply to the accused:
- They are a current or former spouse, parent, or guardian of the victim
- They live with the victim as a spouse, parent, or guardian, or have done so in the past
- They share a child with the victim
- They fill a role similar to being their victim’s spouse, parent, or guardian
This has been extended to include a five-year gun possession or purchase prohibition for anyone convicted of a misdemeanor domestic violence crime against someone they are in, or were in, a dating relationship with. A second offense carries a permanent ban.
Florida Laws
Under a domestic violence injunction, restraining order, or no-contact order, the State of Florida prohibits you from owning or possessing a firearm, being in possession of ammunition, and obtaining a license to carry a concealed weapon. If your recent domestic violence charge has not yet been dismissed or disposed of by the court, you are ineligible to possess a firearm.
Additionally, if you had a misdemeanor or felony domestic violence charge and received an “adjudication withheld” finding in the last three years, your gun rights are suspended. A violation of these restrictions could lead to a first-degree misdemeanor charge that carries fines of up to $1,000 and a jail term of up to one year.
The Path Toward Relief From Weapons Disabilities
Florida does have a pathway for restoring the right to own a firearm, even for those convicted of domestic violence. In this process, several factors are carefully considered.
The Nature of the Conviction
The nature of your domestic violence offense plays a key role. More serious cases receive more scrutiny, while lower-level offenses may be afforded more leniency.
The Character of the Individual
The governing body that makes relief determinations also considers your character. This could include your overall standing in the community, your criminal record since the domestic violence charge, and any recent skirmishes with the law.
The Amount of Time Since Conviction
A long-past domestic violence conviction combined with no recent related issues is likely to work in your favor. The more time that has passed, the greater the chances that relief will be granted.
Contact a Lawyer Today To Discuss Your Gun Rights and Domestic Violence Charges
A compassionate criminal defense attorney at The Umansky Law Firm has a well-established track record for helping clients surmount challenging legal setbacks, including options for possessing a firearm after a domestic violence conviction. We encourage you to reach out today by contacting us online or calling us for more information about how we could help you.
