Firearm Prohibition for Domestic Violence Conviction
When a person is accused of any kind of crime related to domestic violence, that individual faces not only the possibility of possible fines and imprisonment but also the loss of certain civil rights. One right that can be impacted by domestic violence convictions or court orders related to domestic violence is a person’s ability to possess or purchase a firearm.
Both state and federal laws affect the firearm rights of alleged offenders in domestic violence cases, and violations of these laws carry steep penalties. Anyone who has been accused of any kind of criminal offense related to domestic violence must understand how their rights have may be affected in order to avoid additional criminal penalties.
Attorney for Domestic Violence Firearm Rights in St. Petersburg, FL
If you are concerned about how a domestic violence-related offense could impact your firearm rights, it is in your best interest to immediately seek legal representation. The Morris Law Firm, P.A. defends people accused of domestic violence crime in Largo, Pinellas Park, Dunedin, Clearwater, and the surrounding communities in Pinellas County.
Melinda Morris and Seth Shapiro are a criminal defense lawyers in St. Petersburg who understand the collateral consequences domestic violence cases carry. Melinda Morris knows how these cases are prosecuted because of her prior experience as an Assistant State Attorney with the Sixth Judicial Circuit. Call (727) 388-4736 to have our attorneys provide an honest and thorough evaluation of your case during a free, confidential consultation.
Overview of Firearm Prohibition for Domestic Violence Conviction in Florida
- What laws prohibit individuals convicted of domestic violence offenses from possessing firearms?
- How does a domestic violence injunction affect a person’s firearm rights?
- Where can I find more information about firearm prohibitions for domestic violence convictions in St. Petersburg?
The Lautenberg Amendment, established under 18 U.S. Code § 922, prohibits people convicted of misdemeanor crimes of domestic violence from shipping, transporting, possessing, or receiving firearms or ammunition. As part of the firearm sale or delivery process, Florida Statute § 790.065 requires all licensed importers, manufacturers, and dealers to conduct a Florida Department of Law Enforcement background check.
Buyers or transferees are prohibited from purchasing or receiving firearms if they either:
- Have been convicted of a felony offense;
- Have been convicted of a misdemeanor crime of domestic violence; or
- Have had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.
Any violation of the state law is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.
Under Florida Statute § 790.233, possession of a firearm or ammunition is also prohibited when a person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking. Any violation of this statute is a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000.
Additionally, Florida Statute § 790.06 also prohibits the issuance of a license to carry a concealed weapon or firearm to any person who either:
- Has had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged; or
- Has been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence.
Firearm Purchase Program | FDLE — The FDLE’s Firearm Purchase Program is the primary contact for all background checks for firearm sales performed by federally licensed firearm dealers that occur within the state of Florida. Federally licensed pawn brokers may use the FBI’s National Instant Criminal Background Check System (NICS) for background checks, and such searches may return different results from background checks at the state level. Visit this website to download forms and find answers to frequently asked questions.
Tampa Bay Regional Operations Center
4211 N. Lois Ave.
Tampa, FL 33614
Restoration of Civil Rights (RCR) | Clemency | Florida Commission on Offender Review — Convicted felons can submit an RCR application with the Office of Executive Clemency eight years from the date of completion of all sentences and conditions of supervision. In certain cases, the Clemency Board or an Examiner of the Florida Parole Commission may require a hearing. On this website, you can download a request for review application and instructions for commutation of sentence, search for rights already restored, and find answers to frequently asked questions.
Morris Law Firm, P.A. | St. Petersburg Firearm Prohibition for Domestic Violence Conviction Lawyer
Have your firearm rights been affected by a domestic violence accusation or conviction? You should contact Morris Law Firm, P.A. as soon as possible for help achieving the most favorable outcome to your situation.
St. Petersburg criminal defense attorneys Melinda Morris and Seth Shapiro represent clients throughout Manatee County, Sarasota County, Pasco County, Pinellas County, and Hillsborough County. The Morris Law Firm can review your case and answer all of your legal questions when you call (727) 388-4736 or complete an online contact form to schedule a free initial consultation.