Quick Answer
In Florida, it is illegal for convicted felons to live in a house where they know guns are present. This applies even if the guns belong to someone else in the home. Felons cannot possess firearms or ammunition under Florida law. Living in close proximity to guns is considered constructive possession, which is prohibited. There are a few narrow exceptions, but in most cases convicted felons cannot reside where firearms are kept.
Overview of Florida’s Laws on Felons and Guns
Florida law prohibits convicted felons from owning or possessing firearms, ammunition, or electric weapons or devices under Fla. Stat. § 790.23. This statute states:
It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
1. Convicted of a felony in the courts of this state;
2. Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
3. Convicted of or found to have committed a crime against the United States which is designated as a felony;
4. Convicted of or found to have committed any of the following crimes in courts of another state, territory, or country: murder, manslaughter, assault, aggravated assault, battery, aggravated battery, kidnapping, sexual battery, robbery, burglary, unlawful possession or discharge of a destructive device, arson, aggravated stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb, any violation of s. 790.161 involving the manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction, or a felony offense of domestic violence.
This prohibition applies even if the person’s civil rights have been restored after completing their sentence. The only exception is if the felon has received a pardon specifically restoring their right to own firearms.
So under this law, convicted felons cannot legally possess guns, ammunition, or other weapons in Florida. This would include living in a home where firearms are present, even if they belong to someone else. The felon doesn’t need to physically hold the weapon – just being in close proximity is enough to constitute “possession” under the law.
What is Constructive vs Actual Possession?
There are two types of possession when it comes to criminal law:
– Actual possession – When someone has direct physical control over an item. For example, holding a firearm in their hands.
– Constructive possession – When someone has knowledge of the presence of an item and the ability to maintain control over it. For example, if a convicted felon lives in a home where guns are stored in a safe they have access to.
So while a felon doesn’t necessarily have to be holding a gun to break the law, if they are aware of firearms in their residence that they could easily access, they are likely in constructive possession. This is still illegal under Florida’s felon-in-possession statute.
Exceptions for Antique Firearms
There is one narrow exception to the firearm possession prohibition for convicted felons in Florida. Under Fla. Stat. § 790.23(3), antique firearms are not covered by the law.
An antique firearm is defined as:
– A firearm manufactured in or before 1918 (over 100 years old)
– A replica of a firearm described above, if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition
So for example, a convicted felon could legally possess a musket or flintlock pistol from the 1700s. But they still could not possess modern guns or ammunition that could be fired.
Penalties for Felon in Possession of a Firearm in Florida
If a convicted felon possesses a firearm or ammunition in violation of Fla. Stat. § 790.23, they are committing a second-degree felony under Florida law.
The penalties for a second-degree felony conviction include:
– Up to 15 years in prison
– Up to 15 years probation
– Up to $10,000 in fines
Additionally, under Fla. Stat. § 775.087, the violation becomes a first-degree felony with a minimum 10 year prison sentence if the felon possesses a semi-automatic firearm and a detachable magazine.
So the potential prison time is substantial if a felon is caught living in a home with guns or ammunition illegally.
Federal Charges Possible as Well
In addition to state charges, possession of a firearm by a convicted felon is a violation of federal law under 18 U.S.C. § 922(g)(1). This carries up to 10 years in federal prison.
So Florida felons in possession could face separate prosecutions and consecutive sentences in state and federal court.
Can Someone Else Keep Guns in the House?
A common question is whether guns can be legally kept in a home where a convicted felon lives if the weapons belong to a roommate, spouse, or other resident.
Unfortunately for the felon, the answer is generally no. Having firearms stored in their residence will almost always constitute illegal constructive possession.
Some key factors when evaluating constructive possession in this situation are:
- Proximity – If guns are stored in close proximity to where the felon sleeps or spends time, illegal possession may be found. Storing them in a detached garage or shed may help argue against possession, but having them in a nearby room creates risk.
- Access – If the felon can easily get access to the weapons, such as knowing the location of keys to a gun safe, this supports constructive possession.
- Knowledge – If the felon knows there are guns in the home, that helps prove possession. Hard to argue they didn’t possess them if they clearly knew about the presence of firearms.
So if an officer searches a home and finds guns stored in the bedroom of a convicted felon’s spouse, for example, the felon will have a very difficult time claiming they weren’t in possession. Even if they never touched the weapons, their proximity and knowledge of the guns will likely violate Florida law.
Narrow Exceptions
There are a couple scenarios where an argument could be made the felon did not illegally possess firearms owned by others in the home:
– Guns are stored in a locked safe the felon does not have access to, or a detached building on the premises they do not have keys to enter.
– Weapons are kept hidden from the felon without their knowledge. If they can prove they were unaware guns were being stored in the home, they may avoid possession charges. But this can be hard to conclusively establish.
Outside of circumstances like that, the felon is likely breaking the law if others are keeping guns in the house. The constructive possession standard makes it very risky.
Self-Defense Issues
A scenario that sometimes arises is when a convicted felon who lives with lawful gun owners believes they need to access a firearm for self-defense or to protect another person. For example, confronting an armed intruder.
While this may seem like justification, Florida law does not provide an exemption for self-defense when it comes to felons possessing weapons. So practically speaking, the felon would still be committing a crime in this situation even if they have an urgent need for the weapon.
Prosecutors have discretion whether to file charges if mitigating circumstances like imminent danger exist. But there is no guarantee of immunity. Relying on a self-defense justification is risky and the felon could still potentially be convicted. The safer legal option is to seek shelter or call law enforcement rather than taking possession of a firearm themselves.
Traveling With Firearms
Another common question involves whether convicted felons can travel in vehicles where lawful gun owners are transporting weapons. For example, if a spouse has guns locked in the trunk when they drive together.
This area is less well-defined in the law, but there are some general guidelines to follow:
– The felon should not have the keys or access to trunk/case where firearms are stored
– Weapons should be unloaded
– Guns should be as inaccessible as possible, like in a locked trunk separated from passenger compartment
– Felon should have no control or authority over the vehicles contents
Riding in a car where a third party has firearms would not automatically constitute illegal possession by the felon. But precautions need to be taken to establish clear separation between the felon and the weapons to avoid constructive possession.
The further removed the felon is from the guns, the better. Sitting right next to an unlocked case full of loaded weapons is far riskier than riding in a different row of seats from a locked trunk the felon cannot access.
Living With Someone Who Own Guns
When a convicted felon shares a home with lawful firearm owners – like a spouse or family member – special care needs to be taken.
It is not necessarily illegal for the felon to continue residing in the home. But the gun owners need to make sure the felon does not have knowing possession of the weapons.
Best practices include:
– Storing firearms and ammunition in a locked safe only the lawful owners have access to
– Keeping the keys out of reach of the felon at all times
– Not informing the felon of the location of the safe or keys
– Transport unloaded guns directly to and from the safe without the felon’s knowledge
– Not allowing the felon to handle or possess weapons/ammo under any circumstances
As long as prudent steps are taken to preclude knowing possession, convicted felons can likely continue living in a home where others lawfully own guns. But it requires strict access controls and separation to avoid constructive possession.
Recommended Precaution
Because Florida laws prohibiting felons from possessing firearms are so strict, it is recommended that convicted felons do not reside in homes where they know guns are present. Even if household members try to keep the weapons secured, there is always some risk of the felon being found in unlawful constructive possession.
Absent narrow exceptions, the best precaution for felons to take is to only live in residences completely devoid of firearms and ammunition. This eliminates any potential exposure to criminal liability.
Restoration of Gun Ownership Rights for Felons in Florida
Florida does provide one pathway for convicted felons to legally regain their firearms rights – receiving a pardon and express restoration of those rights from the Clemency Board.
This can be a lengthy process with strict requirements:
- 1. The felon must complete all terms of their sentence and have no pending criminal charges
- 2. There is a minimum 5-7 year waiting period after completing the sentence before an application can be submitted
- 3. The felon will need to provide substantial documentation of their need for restoration of rights and evidence of good character
- 4. There is a intensive background check and application processing period
- 5. The clemency board must approve a full pardon stipulating firearm authority is restored
So regaining gun ownership rights is not quick or guaranteed. But it provides a legal avenue for convicted felons after demonstrating an extended period of good behavior and productive citizenship.
The restoration process should begin by contacting the Florida Office of Executive Clemency. They can explain the detailed application requirements and timelines.
Obtaining Relief From Firearms Disability in Federal Court
Federal law also prohibits felons from possessing firearms under 18 U.S.C. § 922(g)(1). But there is a process to petition for relief from this disability in federal court.
To request removal of the prohibition on owning guns, the felon must:
– Submit a written petition to the U.S. District Court in the district where they reside
– Demonstrate by a preponderance of evidence that they will not likely act in a manner dangerous to public safety, and that the relief is in the public interest
– Undergo a thorough background check investigation by the U.S. Attorney’s office
Relief can be granted if the court is satisfied the felon has been rehabilitated and no longer poses a danger. But the burden is high to overcome the felon-in-possession prohibition.
If granted, the relief only applies to the federal prohibition. The felon would still need to separately go through the Florida state clemency process to have their civil rights fully restored.
Conclusion
In summary, it is generally illegal under Florida law for a convicted felon to reside in a home where firearms are present. Absent narrow exceptions, felons cannot live in houses where guns are stored even if they belong to others. Proximity to weapons combined with knowledge of their presence constitutes unlawful constructive possession.
Felons who violate the prohibition on being around firearms face severe penalties like a 10-year mandatory minimum prison sentence. The Florida legislature and courts take these laws very seriously given public safety concerns.
The clemency process provides the main avenue for regaining gun ownership rights after a felony conviction. But it is complex and time consuming, with no guarantee of success. So convicted felons must exercise extreme caution to avoid unlawful possession of firearms and ammunition. The safest course is to only live in residences where no guns are kept.
