How a Felony DUI Can Impact Your Right to Own Firearms in Florida
Over 35% of adults in Florida currently own guns, according to the RAND Corporation, with only Texas exceeding that number for firearm licenses in the US. However, these firearm rights do not extend to felons, and with Florida’s strict DUI laws, you could find yourself without firearms rights if you have a DUI conviction.
In this guide, we’ll lay out the facts about DUIs and firearm ownership and help you navigate this issue if you are in this situation. So, can felons own firearms? Let’s find out.
Firearm Ownership Laws in Florida if You Have a Conviction
Let’s begin with a look at what state law says about possession of firearms if you are a felon. The law generally states that you cannot own or possess a firearm if you have been convicted of a felony. That includes convictions for violent and non-violent crimes, including old crimes and any DUIs.
Florida laws and federal laws state that felons cannot possess, use, or control firearms. The only exception is if their civil rights and firearm authority have been restored by the Florida Commission on Offender Review and the Office of Executive Clemency.
Florida DUI Laws: Some Facts
There are certain circumstances when a DUI becomes a felony under Florida law. It includes:
- The third DUI within 10 years of a previous conviction
- A fourth or subsequent DUI at any point
In Florida, causing serious bodily injury when driving under the influence also counts as a felony, as does a DUI manslaughter felony. The former counts as a third-degree felony, and the latter a second-degree or first-degree, depending on the case.
It’s important to distinguish between misdemeanor DUIs and more severe felony DUIs, which carry harsher penalties. It’s felony DUIs that will impact your right to own or possess a firearm.
If You Have a Felony DUI: Your Gun Rights
In short, having a felony DUI will impact your gun rights in Florida, and this is why.
State and federal law both state that a conviction of a felony involves losing your right to own, possess, or use a firearm. That happens automatically on conviction and will apply regardless of the type or degree of the felony. It will apply irrespective of whether your DUI involved injury or other aggravating factors.
If you are found in possession of a firearm after a felony conviction, you can face severe criminal penalties. The only way to restore your right to firearm ownership is to go through Florida’s clemency process.
Federal Laws and Gun Rights Restrictions
Federal law forbids felons from owning, possessing, and using a firearm, and Florida law mirrors this.
However, it’s essential to understand that if the state restores your civil rights through the clemency process, it does not necessarily grant you the right to own and possess a firearm. You’ll need to separately apply for clemency that covers the restoration of firearms ownership and possession.
This is why it’s crucial for felons to get proper legal guidance to ensure that regaining civil rights in Florida also lifts the state and federal restrictions on firearms that apply.
How to Restore Your Gun Rights After a DUI Felony
In Florida, restoring firearms rights is done via the clemency process. You’ll need to apply through the Florida Commission on Offender Review. When applying, your request for restoration of firearm rights must be specifically and separately requested after applying for other civil rights like voting or serving on a jury.
You can only begin the clemency process after eight years following your sentence, probation, and payment of fines. When you start the clemency process, you’ll need to make a formal application and go through some background checks. You’ll also find that there is a waiting time of as much as two years or sometimes even longer.
It’s worth noting that completing your sentence or probation alone doesn’t automatically restore your firearms rights. In addition, clemency doesn’t automatically lead to firearms restoration, which is why proper legal guidance is a must.
What Happens if Your DUI Was Later Reduced or Expunged?
There are some circumstances where a felon might have their DUI conviction reduced to a misdemeanor or expunged. In this case, your right to own a firearm may be changed, though it depends on the circumstances.
In situations where the charge was reduced to a misdemeanor, your federal and state firearm bans generally no longer apply.
If your DUI is expunged, the situation becomes more complex. Florida law does not automatically grant you rights to firearms after expungement, as the law limits the ability to expunge convictions. In any situation where you are trying to restore firearms rights after expungement, you should seek proper legal advice.
Illegal Firearm Ownership Consequences
It’s crucial that you understand the law about firearm possession after a DUI felony because the consequences of illegal possession are severe.
It is a second-degree felony and can carry a sentence of up to 15 years in prison, as well as probation and thousands of dollars in fines. You may also face federal charges. You don’t need to use a firearm to be convicted of possession.
Seeking Legal Guidance About Your Firearm Rights
If you currently have a felony DUI, restoring your rights can be a tricky and complex process, and without a legal representative, you face the risk of making mistakes that could have further consequences on your rights.
Always work with a qualified attorney who can assess your case and guide you through the process of applying for clemency.
Can Felons Own Firearms?
So, can felons own firearms? The quick answer is no, but the issue is more nuanced. Getting back your rights to own and possess firearms depends on the clemency process.
RHINO Lawyers has an experienced team of Florida attorneys who fight relentlessly for our clients to restore their rights. We go beyond navigating your rights, and we challenge them using strategic representation. RHINO lawyers have real stories and successes to share, and we’re here to help you get the results you need, so reach out to us for a free case evaluation today.
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