Felons & Firearms
Navigating the legal landscape after a felony conviction involves understanding numerous restrictions, especially regarding what one can keep at home. One of the most significant and impactful limitations involves firearms. This restriction affects not only the felons themselves but also everyone in their household.
Understanding Felon Disenfranchisement
When someone is convicted of a felony, they lose certain rights, which we call felon disenfranchisement. The right to vote is often the most talked about, but another restriction is not being allowed to own or have guns. These laws are in place across the United States and vary slightly by state, but the common goal is to reduce the risk of further criminal activity and enhance public safety.
Under the Gun Control Act of 1968, federal law bans anyone with a felony conviction from owning or having firearms and ammunition. This ban holds no matter what type of felony conviction it is, not just those related to violence or firearms.
In Florida, state laws complement and even strengthen these federal restrictions, tightening control over firearm possession to ensure even stricter enforcement. These measures aim to reduce risks and enhance public safety by strictly regulating access to firearms among individuals with felony convictions.
Implications for Household Members
Living with a felon in Florida involves several important responsibilities, especially regarding firearm possession. Florida law not only prohibits felons from owning firearms but also mandates that no firearms are accessible to them within their residence. This requirement compels household members to adopt strict measures to secure any firearms:
–Secure Storage: Households must store firearms in locked containers or safes that the felon cannot access.
–Control of Access: Only individuals without felony convictions should know the locations of keys or combinations to these storage solutions.
Besides firearms, felons are often restricted from possessing certain other items, such as explosive materials or, in some cases, specific types of knives or other potential weapons. The relevant state laws typically specify these restrictions and can vary widely depending on the jurisdiction.
Consequences of Violating Firearm Restrictions
When a felon in Florida violates firearm restrictions, the consequences are serious and strictly enforced. Both legal repercussions and impacts on parole or probation are significant:
–Severe Legal Penalties: If authorities catch a felon with a firearm in Florida, they can face a new felony charge. This often results in a return to prison and can add years to any previous sentence.
–Immediate Parole or Probation Revocation: Possession of a firearm can lead to the immediate revocation of parole or probation for a felon. This action typically results in incarceration and significantly hampers any future chances for parole or probation.
-Enhanced Sentencing Guidelines: Florida law may impose enhanced penalties for felons found violating firearm laws, emphasizing the state’s stringent approach to firearm control among previously convicted felons.
Safeguarding Your Home:
Essential Actions
For households that include a felon, actively consulting with a legal expert can help members fully understand and comply with firearm restrictions. Legal professionals offer guidance tailored to individual circumstances, especially useful in homes where the needs regarding firearm access might conflict among residents.
Taking proactive measures to secure any potentially restricted items is essential to safeguard against inadvertent legal violations. This approach not only protects the individual with the felony record but also all home residents, ensuring the entire household remains safe and compliant with the law.
If you or someone you know is navigating these restrictions and requires guidance, we recommend talking with an experienced criminal defense attorney. For bail related questions please give us a call at our Clearwater, Florida bail bonds office, 727-592-0000. Our team is ready to offer support and advice when needed. Curious to learn more? Visit our “How Does Bail Work” on our website.
We look forward to helping you, our agency is available 24-hours a day, 7 days a week. Call us today.
