State Gun Laws

Florida state law says that the abuser cannot buy or have a gun in his/her possession if:

• s/he is a convicted felon;
• s/he is under age 24 and has been convicted of a delinquent act that would be a felony if committed by an adult;¹ or
• there is a final injunction for protection against domestic violence or against stalking/cyberstalking currently in effect against him/her.² However, if the abuser is a law enforcement officer, correctional officer, or correctional probation officer, s/he can have a firearm for use in performing official duties.³

In addition, the following people are not legally allowed to carry a concealed weapon:

• a convicted felon;
• someone who was found guilty of a drug-related crime within the past three years;
• someone who had adjudication of guilt withheld or imposition of sentence suspended on a misdemeanor crime of domestic violence or any felony, unless three years have passed since probation or any other conditions set by the court have been fulfilled;
• someone who has an injunction in place against him/her for committing acts of domestic violence or acts of repeat violence;
• someone who is not a U.S. citizen or a permanent resident alien;
• a person under 21 years of age;
• someone who suffers from a physical infirmity that prevents the safe handling of a weapon or firearm;
• someone who has been committed by a court to drug abuse treatment;
• a chronic and habitual user of alcoholic beverages or other substances to the extent that his/her normal abilities are impaired;
• a person who has been declared by a court to be an “incapacitated person;” or
• someone who has been committed to a mental institution.⁴

In addition, federal laws, which apply to all states, restrict the abuser’s right to have a gun if the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements.  Go to Federal Gun Laws to get more information.

¹ F.S.A. § 790.23(1)
² F.S.A. § 790.233(1)
³ F.S.A. §§ 790.233(3); 943.10(14)
⁴ ​F.S.A. § 790.06(2)