Can Someone Charged with Domestic Violence Own a Firearm?

If you are facing domestic violence charges in Florida, it’s natural to wonder if your right to own a firearm will be impacted. Likewise, for those who have already received a domestic violence conviction, questions may linger about the legality of purchasing firearms. Our legal team at Stechschulte Nell Law is on hand to clarify these concerns.  

 

Today we’ll explain: 

 

• Florida’s domestic violence laws 
• The impact of domestic violence injunctions 
• Federal weapons regulations  

 

With a delicate balance to strike between individual gun ownership rights and the safety of potential domestic violence victims, Florida’s laws are not always easy to navigate. But that’s what we are here for.  

 

 

Understanding Domestic Violence in Florida 

 

 A domestic violence conviction can carry heavy consequences, such as restraining orders, damage to your reputation, and even the potential loss of your gun ownership rights.  

 

Under Section 741.28 of the Florida Statutes, domestic violence encompasses more than physical abuse. It refers to various actions such as: 

 

• Assault or aggravated assault 
• Battery or aggravated battery 
• Sexual assault 
• Stalking or illegally confining someone against their wishes, a situation termed false imprisonment 

 

If you have been charged with domestic battery, you should know it’s viewed very seriously in Florida. As a first-degree misdemeanor, it comes with substantial penalties, including the potential for a $1,000 fine and a jail sentence of up to a year.  

 

But the stakes escalate sharply if your actions cause intentional and significant harm. Should you have knowingly caused extensive bodily damage, permanent disability, or disfigurement, like scars, these actions fall under the charge of “aggravated battery”. Not only is this a second-degree felony, but the penalties are also much greater. 

 

If convicted, you’re looking at potentially spending up to 15 years in prison or paying a fine that could reach up to $10,000. The use of a deadly weapon during such an instance further amplifies the severity of the charge. 

 

The Impact of Domestic Violence Injunctions 

 

Let’s take a moment to understand the reality of domestic violence injunctions in Florida. If you find yourself under a current restraining order or a “no-contact order” there are certain actions that are strictly off-limits. 

 

Owning a firearm? Not allowed. 

 

Possessing ammunition? Also, not possible. 

 

And receiving a license to carry a concealed weapon? You can forget about that too. 

 

It’s worth noting that violation of these laws also carries serious consequences. You could be found guilty of a first-degree misdemeanor. A conviction such as this could result in a fine of up to $1,000, a jail term of up to one year, or even both. Remember, acting against a domestic violence injunction isn’t just illegal – it ends up costing you big time. 

 

Federal Weapons Regulations  

 

You should be aware that violation of these laws does not only hold state penalties but federal as well. Particularly, under federal law, it is illegal for an abuser, defined as an intimate partner, who has a final judgment of an injunction for protection against domestic violence against him or her, to possess any firearms or ammunition. 

 

These penalties per The Lautenberg Act, state that anyone who has previously been found guilty of domestic violence is legally barred from owning a firearm. This is outlined in 18 U.S.C. Section 922(g)(9), a law established by Congress in 1996. 

 

Disobeying this federal law could leave you facing up to 10 years in prison or a hefty fine of up to $250,000, or worse still, a combination of both.  

 

Applying for Relief from Weapons Disabilities  

 

In Florida, there is a pathway to restore your firearm ownership rights, even if you have been convicted of domestic violence. This involves making an application for ‘Relief from Weapons Disabilities’ to the Florida Department of Agriculture and Consumer Services, Division of Licensing. 

 

Process of Applying for Relief from Weapons Disabilities 

To apply for relief from weapons disabilities, you must follow certain steps to help ensure success in your application:  

 

1. Legal Representation: It’s advisable to hire an experienced attorney familiar with the specific laws and procedures involved in restoring firearm ownership rights in Florida. A qualified lawyer can guide you through the entire process, ensuring that you understand every step and fulfill all the required criteria. 
2. Penitentiary Records: You may be required to provide copies of your penitentiary records or other official documents as proof of your past convictions. These records can be requested from the Florida Department of State, Division of Corporations. 
3. Application Filing: Once you have all the necessary paperwork in order, the application can be filed with the Florida Department of Agriculture and Consumer Services, Division of Licensing. The application usually includes a detailed petition explaining your case. 
4. Waiting Period: After the application is filed, there is a mandatory waiting period while the Department reviews your application. This can take several months. 

 

Factors Considered in the Review Process 

 

In considering your application for relief from weapons disabilities, the Department examines several factors to determine whether or not to restore your firearm ownership rights.  

 

• The Nature of Your Conviction: The Department will examine the nature of the offense you were convicted of. Severe domestic violence offenses may be viewed more harshly than lower-level offenses. 

 

• Your Character: They will also look at your character, including things like your past behavior, your interactions with law enforcement, and your standing in the community. 

 

• Time Since Conviction: The amount of time that has passed since your conviction can also influence their decision. Typically, the longer it has been since the offense, the better the chance you have of having your rights restored. 

 

As you can see, this process is complex and success isn’t guaranteed, hence you must seek advice from a knowledgeable attorney.  

 

Read More > Domestic Violence: Is it a Misdemeanor or a Felony? 

 

Contact Stechschulte Nell Law  

 

Have you or a loved one been accused of or charged with domestic violence? We encourage you to reach out to our skilled lawyers at Stechschulte Nell Law with any concerns about domestic violence charges and firearm ownership. Our team is always ready to provide comprehensive and tailored legal counsel for each scenario.  

 

Your path forward may be full of questions, but we’re here to help light the way. Contact us for a case review today at 813-280-2114.