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Firearm disqualifications in Florida
What disqualifies you from owning a firearm in Florida?
Someone in Florida is disqualified from owning a firearm if they are:
- a person who is convicted of a felony in Florida
- person found in the courts of the state to have committed a delinquent act that would be a felony if committed by an adult and offender is under 24
- convicted of a felony in federal court
- convicted of a delinquent act in another state that would be a felony if committed by an adult that was punishable for more than one year and the offender is under 24
- person found guilty of an offense that is a felony in another state with a term of more than one year
- a person who has been issued a final and in force domestic violence restraining order or restraint from stalking or cyberstalking
- a person who has been determined by a state court to be a "violent career criminal"
- a person who has been adjudicated mentally defective or committed to a mental institution
A "violent career criminal" is a person who:
- has been convicted as an adult three or more times of any forcible felony, aggravated stalking, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, lewd or lascivious battery/molestation/conduct, escape, or a felony involving the use or possession of a firearm in Florida or another state; and,
- has been incarcerated in a state or federal prison; and,
- the primary felony offense was committed within 5 years after the last felony conviction or after the person was released from prison, probation, parole, or other supervision
Felony restrictions on firearms in Florida
Those convicted of a felony in Florida:
Felons cannot own, have in their care, custody, possession, or control any firearm or ammunition or to carry a concealed weapon
Mental health restrictions on firearms in Florida
- "adjudicated mentally defective" means that a court has found the person to be a danger to themself or other others or lacks the mental capacity to contract or manager his/her own affairs due to marked subnormal intelligence, mental illness, incompetency, condition, or disease
- "committed to a mental institution" means involuntary commitment, commitment for mental defectiveness or mental illness, and commitment for substance abuse
- a person may petition the court that adjudicated them mentally defective or committed them for relief from the firearm possession and ownership disability. The state attorney for the county may object to the petition. If the petition is denied, the person cannot seek another petition for one year after the final denial.
More on Florida Firearm Laws