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EspañolIf the abuser has been convicted of a crime, can s/he keep or buy a gun?
Florida state law says that it is illegal for the following convicted criminals to have or buy a gun:
- a convicted felon; and
- anyone under age 24 who has been convicted of a delinquent act that would be a felony if committed by an adult.1
In addition, the following people who have been criminally convicted 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; and
- 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.2
Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.
1 F.S.A. § 790.23(1)
2 F.S.A. § 790.06(2)
How can I find out if the abuser has been convicted of a crime?
Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?
