Wrongful Possession Of Arms In Florida
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FAQ
790.01, a person 18 years of age or older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use.
In Florida, residents do not have to have a permit to buy handguns, rifles, or shotguns. Additionally, there is no requirement to register a firearm nor is there for owners to get a license or have a permit to carry a rifle or shotgun. There is, however, a requirement for Floridians to have a permit to carry a handgun.
In Florida, certain individuals are prohibited from possessing firearms. This includes convicted felons, individuals with restraining orders against them, and those with certain mental health conditions. Additionally, anyone under the age of 21 is generally prohibited from purchasing a firearm.
If you are caught carrying a gun concealed in Florida without a permit, you could be charged with a misdemeanor. The penalty for a first offense is a fine of up to $500 and up to 60 days in jail. For subsequent offenses, the penalties are more severe.
The 10/20/Life statute provides for mandatory minimum sentences for certain crimes in Florida. This is a harsh law that requires judges to impose at least some prison time in response to a crime, even if it is a first offense, and even if there are mitigating factors.
If convicted of Constructive Possession of a Firearm by a Convicted Felon, a judge can impose any combination of the following penalties: Up to fifteen (15) years in prison. Up to fifteen (15) years of probation. Up to $10,000 in fines.
Felons can get their gun rights back or restored in Florida after eight (8) years. The 8 year waiting period begins when you have completed all imposed conditions sentences, and supervision has either expired or been completed.
The only law for carrying a firearm in your car in the state of Florida is that it is concealed and encased. Having it in a snap holster is considered encased so as long as it is then concealed there should be no problem.
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
