Who Can’t Own a Firearm in Miami? A Criminal Defense Lawyer Explains
Florida is one of the more lenient states in terms of firearm possession laws. Miami does not require residents to have a permit should they decide to purchase shotguns, handguns, or rifles. Carrying a handgun does however require a concealed carry permit.
Our Miami criminal law firm has dealt with countless cases relating to gun laws. In order to save you time, we’ve summarized the most important information below.
Florida Gun Laws Under the Magnifying Glass
- No requirements for permits in the purchase of rifles, shotguns or handguns
- Apart from special exceptions, open carry of any firearm is illegal.
- Carrying a concealed weapon does require the appropriate license.
- “Duty to retreat” law does not apply in cases where the resident has lawful presence.
- “The Stand Your Ground Law” applies in Florida.
Lax though gun laws may be, they do not unfortunately apply to every Florida resident. Section 790.23 states that some classes of people are prohibited from purchasing, carrying, owning or even operating firearms altogether, specifically convicted felons and those found delinquent of felonies.
A history of domestic violence also affects a person’s right to carry guns. If for instance, a husband is convicted of abusing his wife or children and the injunction includes a restraining order, firearm possession is prohibited. If the person is caught with a firearm, a separate arrest and prosecution could be coming. For more clarity on how this works, contact our experienced criminal defense lawyers in Miami.
How Civil Rights Restoration Works in Miami
Let’s suppose you’ve been convicted of a felony in Miami. This would result in the loss of many of the civil rights other members of the public take for granted. These include the right to vote and the right to own or use a firearm. The way to have these rights restored is through clemency.
Clemency provides a method by which a convicted felon can have the benefit of their civil rights again. The nature of their charges will decide which route of clemency is best to take. A Miami criminal defense lawyer will provide advice on the various and sometimes intricate routes available. In short, after consulting with a criminal defense attorney, felons who want to have their firearm rights restored will often seek either a full pardon or a specific restoration of firearm rights.
Are you a gun collector or enthusiast who may face felony charges? Are you troubled regarding the restrictions a felony charge has placed on your civil right to own or bear arms? Maybe you’re facing charges of illegal firearm possession or use. In any of the above cases, you’ll find the counsel you need from a Miami criminal defense lawyer at our firm. Don’t put these questions off another month. Contact our top criminal defense attorney in Miami today.
Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: Miami Criminal Defense Lawyer.