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Second Amendment Rights And Gun Control In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000298
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FAQ
The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.
Does Florida allow constitutional carry? Yes. As of July 1, 2023, anyone 21 years old or older who can legally possess a firearm, may concealed carry a firearm without a permit.
The Florida Constitution Article 1, Section 20 states: The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
The state is now “permitless carry.” A resident, or non-resident, of Florida is eligible to carry a concealed firearm in public if they would otherwise meet the eligibility criteria for obtaining a Florida concealed carry permit (see below).
The California law requires applicants to demonstrate “good cause” for carrying a weapon, like working in a job with a security threat — a restriction sharply attacked by gun advocates as violating the Second Amendment right to bear arms.
§ 922(g)(1), which prohibits the possession of a firearm by a person convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment (at least as applied to certain nonviolent offenders).
In short, the Supreme Court did its job by announcing that the Second Amendment does not protect assault weapons—precisely because they are meant for the battlefield and are not “in common use at the time for lawful purposes.” Id. at 624-25, 627-28; Kolbe, 849 F. 3d at 131.
The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.
The Florida Commission on Offender Review website offers an online civil rights restoration search, so you can determine whether or not your rights have been restored. Be sure to search under all variations of your name, including nicknames.
A general restoration of civil rights does not include the restoration of the right to own, possess or use a firearm. In order to restore firearm authority, an application is required and there is a waiting period of eight years from the date sentence expired or supervision terminated.