Some states place limitations on firearm sales and firearm possession and sales. In Florida, the firearm restrictions include:
- The Child Access Prevention Law: Florida requires owners to store their guns in a place that is not readily available to minors under the age of 16;
- Adults who improperly store firearms will be held criminally liable if a child acquires one;
- Firearms sold in the State of Florida do not have to include a child-safety lock;
- Juvenile Possession Law: Florida prohibits possession of handguns by individuals under 18 years old; and
- Juvenile Sale or Transfer Law: This law prohibits or restricts the sale or transfer of specified firearms to youth;
- Firearms are only permitted in Florida if an individual is 18 or older.
What Are the Individual Restrictions on Gun Possession?
Gun possession may be restricted based on many different factors, such as:
- Age or type of gun: Federal law prohibits the sale of a handgun to any individual under age 18. Long guns such as rifles and shotguns are not subject to the same restrictions;
- However, the minimum age for purchasing a handgun in numerous states is 21 years of age. Every state is permitted to implement more strict age requirements, so this law varies by state;
- Background: An individual’s background can also make it illegal for them to possess a gun.
Guns cannot be sold to any individual who:
- Has been charged with or convicted of a crime in a federal court that carries a possible sentence of over one year in jail;
- In general, these are felonies;
- Has been charged or convicted in state court with a misdemeanor or felony punishable by more than two years in prison;
- Is a fugitive;
- Is known to be addicted to controlled substances;
- This involves not being able to control the use of controlled substances;
- This may be inferred from recent drug convictions;
- Has been determined to be a danger to themselves or others by a court or other lawful authority or has been involuntarily committed based on alcohol or drug abuse;
- Has been convicted of specific crimes or is under a court order related to mental illness or domestic violence;
- Illegally resides in the United States; or
- Was dishonorably discharged from U.S. Military Service.
In addition to age requirements, every state is permitted to impose stricter background checks on gun owners than the federal government.
Where Can Guns Be Possessed?
Gun possession may be prohibited in certain locations, even for individuals who are legally permitted to own one elsewhere. The state laws may be more restrictive than federal laws.
Gun possession is prohibited by federal laws in the following locations:
- Federal government facilities;
- Post Offices;
- In airports and on airplanes, except when the weapon is:
- Unloaded;
- In a checked bag; and
- The airline is aware of the weapon; and
- K-12 school zones (except for those with concealed carry permits issued by the state)
In the majority of states, guns are prohibited in courthouses as well as other government buildings. However, the laws governing open carry permit holders will often differ.
Guns are also commonly prohibited in the following locations:
- Alcohol-serving bars or restaurants;
- Churches;
- Polling places;
- Daycare facilities.
An individual can obtain more information on firearms laws in Florida from a local attorney in Florida.
When Is Gun Possession a Crime?
Gun possession may be limited by gun control laws in order to ensure the safety of the gun owner as well as the individuals around them. Whether it is illegal or not to possess a firearm will depend on certain factors, including the individual’s:
What Are Some Common Violations of Gun Laws?
Examples of the most common gun law violations include:
- Unauthorized purchase of a firearm;
- Illegal carrying of a firearm, especially in public places;
- Minor in possession of a gun;
- Publicly discharging a gun or firing it in a prohibited area; and
- Possessing a gun without authorization or a proper permit, for example, an individual who has been convicted of a felony and is no longer allowed to own a gun.
These violations are different from crimes involving guns as weapons, for example:
- Assault;
- Homicide;
- Armed robbery.
Does Florida Law Require Background Checks?
Firearms dealers have to wait three days before selling a handgun. During this waiting period, a background check is performed, and a cooling-off period is required.
A background check is not required if the firearm is sold by a private individual or a gun collector. Counties can impose a waiting period of five days in addition to requiring a background check for gun show buyers.
Is It Illegal to Carry a Concealed Weapon?
Carrying a concealed handgun is not restricted.
Does Florida Require a License to Possess Firearms?
In Florida, there is no requirement to have a license to purchase or own a firearm.
What Type of Guns Are Allowed?
Certain types of firearms are prohibited in some states. For example, it may be illegal in an individual’s state to possess:
- Assault weapons: These are semi-automatic weapons that have detachable magazines, such as AK-47s and M-16s;
- Ghost guns: These are firearms assembled from kits or made with 3D printers that are untraceable by law enforcement and often undetectable by metal detectors;
- Large capacity magazines: In general, magazines contain more than ten rounds;
- Machine guns: These are fully automatic weapons that keep firing bullets so long as the trigger is held down;
50 caliber weapons: There are only a few states that prohibit this type of weapon; and
- Silencers: These are used to prevent an individual from hearing the sound of gunfire or from seeing the muzzle flash.
What Are the Restrictions on Gun Possession?
A gun owner may be restricted by the manner in which they hold or carry their guns, including:
- Concealed carry: Carrying a concealed gun in public can be a crime, depending on the state. Some locations do not prohibit concealed carry, but the rest require an individual to obtain a concealed carry permit first;
- Open carry: Publicly carrying an openly visible gun may cause an issue by intimidating those nearby. About five states entirely prohibit open carry, 15 require a permit, and about 30 allow it without a permit;
- Under Florida Statute 790.053, Florida makes it illegal to carry a firearm openly.
What Is the Punishment for an Illegal Firearm Possession Conviction?
Although the Second Amendment provides individuals with the right to bear arms, that right is not absolute. There may be serious legal consequences if an individual carries a firearm in violation of any of the restrictions discussed above.
Additionally, carrying a firearm while committing another crime may result in harsher punishments. An individual who has been convicted of a felony is nearly always prohibited from carrying a firearm.
Being a felon in possession of a firearm can result in stiff penalties. It is important to note, however, that the majority of states allow felons to reclaim their gun ownership rights if they are deemed not to be a danger to public safety, and restoring their rights is not contrary to the public interest.
What if I Am Only Selling a Handgun?
In some states, background checks are only required for handgun purchases. The following states also require private sellers to conduct a background check on purchasers:
- Hawaii;
- Maryland;
- New Jersey; and
- Pennsylvania.
Depending on the location, this requirement may vary throughout the State of Florida.
Do I Need an Attorney for Help With Gun Possession Charges?
You may have issues, questions, or concerns related to gun restrictions in Florida. If so, it is important to consult with a Florida criminal lawyer. If you are facing charges of illegal possession of a firearm, it is essential to have legal representation to protect your rights.
If you want to try to get your gun possession rights restored, your lawyer can help. It is important not to take any chances if you are facing gun possession charges or gun charges because of the possible penalties and legal consequences.
