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3 times possessing a firearm could leave you in legal hot water

On Behalf of | Oct 4, 2021 | Felonies

The Second Amendment of the Constitution of the United States affords Americans the right to possess firearms. Like every other legal right or protection, there are some inherent loopholes to them that you should understand.

State and federal laws prohibit certain individuals from possessing firearms, including the following:

People with certain mental health diagnoses

The background check that individuals must undergo before they purchase a firearm is multifaceted. It checks not only the individual’s criminal record but also mental health concerns, such as hospitalizations. Some psychiatric diagnoses may restrict a person’s ability to lawfully possess a firearm. 

People with felony convictions

Booth federal and state laws prohibit felons from possessing a gun for life. Florida statute 790.23 spells out how the state prohibits felons from possessing guns and ammunition, electric weapons, and other devices. 

People with certain injunctions pending

Under Florida law, it’s illegal with any impending injunction against them to possess a gun while it’s in effect. The Court may issue injunctions in a case involving the following allegations:

  • Stalking
  • Dating violence
  • Domestic violence
  • Sexual violence

Someone may have their right to possess a gun taken away while they’re subject to a protective protection order, but they may be able to reassume their Second Amendment rights once it expires. Anyone convicted of domestic violence, however, is prohibited from ever owning a firearm again.

 You have to be cautious that you know when and where you can possess firearms. You run the risk of running afoul of the law if you don’t, and convictions for weapons offenses carry some hefty fines and prison time.