Florida Firearm FAQs
The Second Amendment grants most Americans the right to own firearms but like most laws, the matter is a bit more complex than that. It is important for all Floridians to understand the state and federal laws that govern firearms, so they do not find themselves facing charges. The law on firearms is confusing and it is not uncommon for people to have many questions. Below, one of our Tampa criminal defense attorneys outlines the most frequently asked questions we hear, and the answers to them.
Do You Have to Register or License a Firearm in Florida?
Florida law on firearms is much more relaxed than most states throughout the country. Generally speaking, you are not required to register or license your firearm in the state. However, there is an exception to this. If you own certain weapons that are listed within the National Firearms Act, federal law then requires that you register and license the firearm.
Can You Carry Your Firearm in Your Vehicle?
Again, when it comes to carrying your firearm in your vehicle, Florida law is much more relaxed than in other states. You can keep and carry your firearm in your vehicle, but it must be kept in a secure case and cannot be within reach for immediate use. While many states require a two or three step process to access a firearm in a vehicle, Florida has no such restrictions. Even keeping your firearm in your glove compartment may be enough to show that it was not available for immediate use.
Can You Restore Your Rights After a Federal Conviction?
Typically, if you have a conviction for a federal crime on your criminal history, you are barred under federal law from possessing or transporting a firearm. The only way to have your rights restored is to obtain a Presidential pardon.
Can You Restore Your Rights After a State Conviction?
It may be easier to restore your rights after a state conviction rather than one on the federal level, but the process is still challenging. Once eight years have passed since you have completed the terms of your sentence, including any probation, you can petition the court and ask them to restore your right to possess, transport, and use firearms. You can also apply to the state government for executive clemency. A Tampa criminal defense attorney can advise on which option is best for your case.
Can Your Spouse Own a Firearm if You have a Felony Conviction?
Your spouse likely cannot possess a firearm if you have been convicted of a felony. Due to the fact that it would be quite easy for you to obtain and use, it would likely be considered constructive possession of a firearm. If your spouse can prove they kept the firearm in a secure location and that they were the only ones who could access it, that could serve as a defense.
Our Criminal Defense Attorneys in Tampa Can Answer Your Questions
At All Family Law Group, P.A., our Tampa criminal defense attorneys can answer all of your firearm questions and build a strong case if you have been charged. Call us now at 813-672-1900 or fill out our online form to request a free consultation and to hear more about your legal options.