Gun Rights Following a Florida Arrest
Florida has long been known for its strong support of the Second Amendment, allowing residents to legally own and carry firearms under certain conditions. But it’s important to recognize those rights can quickly be affected following an arrest. If you’re facing criminal charges in Clearwater or anywhere else in the state, talk to a Clearwater criminal lawyer about how your gun rights may be impacted, both in the short term and long term.
What Happens After an Arrest?
In Florida, adults aged 21 and over who are not otherwise prohibited by law can purchase and possess firearms. A concealed carry permit is required to lawfully carry a concealed weapon, and open carry is generally not allowed, with a few exceptions, but these rights are not absolute. The state imposes restrictions for individuals who have certain criminal histories, including felony convictions and specific misdemeanor offenses.
Being arrested in Florida does not automatically strip you of your gun rights, but it can set a process in motion that leads to restrictions. The nature of the charge, the outcome of the case, and whether you are convicted all play important roles.
- If you are arrested for a misdemeanor offense, your gun rights are usually not affected unless the charge involves domestic violence. A misdemeanor domestic violence conviction will result in a federal prohibition on firearm possession under the Lautenberg Amendment. Even if adjudication is withheld, the courts may restrict your access to firearms during the case.
- In situations involving felony charges, a court may impose conditions that restrict firearm possession while your case is pending. If you are convicted of a felony, your gun rights will be automatically revoked under Florida and federal law. Possessing a gun as a convicted felon is a serious crime. Doing so can lead to additional charges and prison time.
Should charges against you be dropped or you are found not guilty, you may be able to retain your gun rights. That said, you may still face temporary restrictions while the legal process unfolds. In some cases, you’ll need to petition the court or seek expungement to fully clear your record.
Can Gun Rights Be Restored?
If you’ve lost your gun rights due to a conviction, restoration is possible in some cases, but it’s not guaranteed. You must apply for civil rights restoration through the Florida Office of Executive Clemency, and the process can be lengthy and complex. Felony convictions, particularly those involving violence, often result in a permanent loss of gun rights.
Whether you’re facing charges that might impact your rights or you want to explore restoring them, working with an experienced Clearwater criminal lawyer is essential. Your attorney can explain how the law applies to your case, advocate for reduced or dismissed charges, and guide you through the steps needed to protect or restore your rights.
What gun rights questions do you have? Florida arrests can carry a range of consequences. Connect with the legal team at King Law Group to learn more. Schedule a confidential consultation today.
