Understanding How Florida and Federal Laws Restrict Gun Ownership After a Felony DUI Conviction
Owning a firearm is a deeply rooted right in the United States, protected under the Second Amendment. However, this right is not without limits. A felony DUI conviction in Florida can have profound consequences, including restrictions on your ability to possess or own firearms. Let’s break down how this works under Florida law and federal statutes so you can better understand the stakes and what steps you can take to protect your rights.
Felony DUI in Florida: What It Means
In Florida, most DUI charges are misdemeanors. However, certain factors elevate a DUI to a felony. For example:
- Third DUI Within 10 Years: If you’re charged with your third DUI within a decade, it is considered a third-degree felony.
- Fourth or Subsequent DUI: Any DUI after your third is automatically a felony, regardless of when it occurs.
- DUI with Serious Bodily Injury: Causing significant injury to another person while driving under the influence is a third-degree felony.
- DUI Manslaughter: If your actions result in someone’s death, it is considered a second-degree felony.
Each of these felony charges carries severe penalties, including incarceration, steep fines, and long-term consequences that extend beyond the courtroom. One of the most significant is the loss of firearm ownership rights.
Federal Laws Governing Firearm Possession After a Felony
The federal government strictly prohibits individuals with a felony conviction from owning or possessing firearms under 18 U.S.C. § 922(g)(1). This federal statute applies to anyone convicted of a crime punishable by more than one year of imprisonment. It doesn’t matter if your state sentence was reduced or probation was granted; the federal restriction still applies.
Once you’re classified as a “prohibited person,” possessing a firearm is itself a federal crime, punishable by up to 10 years in prison and hefty fines.
Florida Law on Firearm Ownership After a Felony Conviction
Florida law aligns closely with federal restrictions. Under Florida Statutes § 790.23, it is illegal for anyone convicted of a felony to own, possess, or control a firearm, ammunition, or an electric weapon. This prohibition remains in place unless your civil rights and firearm privileges are fully restored.
The state does allow individuals to seek a restoration of their rights, but the process is neither quick nor guaranteed. Restoration requires a clemency application to the Florida Office of Executive Clemency, and approval can take years, with no assurance of success.
The Impact on Concealed Carry Licenses
A felony DUI conviction not only strips you of your right to possess firearms but also disqualifies you from obtaining or maintaining a concealed carry license in Florida. The Department of Agriculture and Consumer Services, which oversees concealed carry permits, automatically revokes the license of anyone convicted of a felony.
Even if you manage to restore some of your civil rights, obtaining a concealed carry license requires a separate application and rigorous review process.
Legal Consequences of Violating Gun Laws Post-Conviction
If you’re found in possession of a firearm after a felony DUI conviction, the penalties are severe. Violating Florida Statutes § 790.23 is itself a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Additionally, federal authorities may also pursue charges, compounding your legal troubles.
Defending Your Second Amendment Rights
Fighting a felony DUI charge is essential if you want to preserve your right to own firearms. Here’s how we approach these cases:
- Challenging the DUI Stop and Arrest: Every DUI case begins with a police stop. We scrutinize whether the officer had probable cause to pull you over and whether proper procedures were followed during the arrest.
- Questioning the Evidence: Breathalyzer results, field sobriety tests, and blood samples are not foolproof. We evaluate whether these tests were administered correctly and whether the results can be trusted.
- Negotiating Charges: In some cases, we may be able to negotiate a reduction from felony to misdemeanor charges, which can help preserve your firearm rights.
- Exploring Diversion Programs: Depending on your criminal history and the specifics of your case, diversion programs or plea agreements may allow you to avoid a felony conviction altogether.
Steps to Restore Firearm Rights After a Felony Conviction
If you’ve already been convicted of a felony DUI in Florida, you’re not without options. The process to restore your firearm rights includes:
- Applying for Clemency: This requires demonstrating rehabilitation, a clean post-conviction record, and a significant amount of time passed since completing your sentence.
- Filing for Civil Rights Restoration: If granted, this can pave the way to regain limited civil rights, including firearm ownership in some cases.
- Seeking Federal Relief: While rare, federal law allows certain individuals to petition for relief from firearm disabilities, but this requires substantial proof of rehabilitation and compelling circumstances.
Restoration of rights is complex and often requires legal assistance to ensure all procedures are followed correctly.
Why You Need Legal Help for Felony DUI Cases
The stakes in a felony DUI case are incredibly high. Beyond the immediate consequences of fines and imprisonment, the loss of fundamental rights like firearm ownership can affect your freedom and lifestyle long-term. We work diligently to protect your rights from the outset, exploring every possible avenue to minimize the impact of a DUI charge.
Florida Felony DUI FAQs
How does a felony DUI conviction affect my gun rights in Florida?
A felony DUI conviction results in the automatic loss of your right to own or possess firearms under both federal and Florida laws. Federal law prohibits felons from possessing firearms under 18 U.S.C. § 922(g)(1), while Florida law mirrors these restrictions in Florida Statutes § 790.23. Without restoring your civil rights, any firearm possession can lead to additional felony charges.
Can I ever get my gun rights back after a felony DUI conviction?
Yes, but it’s a challenging process. In Florida, restoring firearm rights requires applying for clemency through the Florida Office of Executive Clemency. This application involves demonstrating rehabilitation and maintaining a clean record. Additionally, you may need to wait several years after completing your sentence before being eligible. Even then, approval is not guaranteed.
Does a felony DUI conviction automatically revoke my concealed carry license?
Yes, a felony DUI conviction disqualifies you from holding a concealed carry license in Florida. The Department of Agriculture and Consumer Services will revoke your license upon conviction. Restoring this license requires not only regaining firearm rights but also meeting all additional qualifications for a concealed carry permit.
What penalties could I face for owning a firearm after a felony DUI conviction?
Possessing a firearm as a convicted felon is a second-degree felony in Florida, punishable by up to 15 years in prison and a $10,000 fine under Florida Statutes § 790.23. Federal charges may also apply, resulting in additional prison time and fines.
Can fighting a DUI charge help me preserve my gun rights?
Yes, avoiding a felony conviction is the best way to preserve your Second Amendment rights. By challenging the evidence, negotiating reduced charges, or pursuing diversion programs, you may avoid the felony conviction that triggers firearm restrictions.
Does a federal firearm ban apply if my felony DUI sentence was reduced?
Yes, federal law focuses on the maximum potential penalty for your offense, not the sentence you actually received. If your felony DUI charge carried a penalty of more than one year in prison, the federal firearm ban still applies, even if you served less time or were granted probation.
Call us at 1-888-484-5057 for your FREE Consultation
If you’re facing felony DUI charges in Florida, your rights and freedom are at stake. Protect your Second Amendment rights and your future by contacting Musca Law. We are available 24/7/365 to fight for you. Call us at 1-888-484-5057 for your FREE consultation.