Replicas of pre-1918 guns are a bit riskier to own because there is disagreement over the definition of the word “replica.” Pre-1918 guns seem to be generally acceptable. This seems relatively straightforward, but there has been a fair amount of litigation over the possession of antique firearms by felons, and the law has become murky.
(1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. Section 790.001(1) of the Florida Statutes defines “antique firearm” as follows: This makes it seem like it would be acceptable for a felon to possess an antique firearm so long as they are not using it to commit a crime. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive the frame or receiver of any such weapon any firearm muffler or firearm silencer any destructive device or any machine gun. Section 790.001(6) of the Florida Statutes defines “firearm” as follows: The statutes don’t prohibit gun ownership, they prohibit firearm ownership, and firearm is a specific term. However, there is a bit of gray area in this law. (a) Convicted of a felony in the courts of this state Įven after a felon has been released from prison, he or she cannot legally possess a gun unless they have had that right specifically restored. (1) 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: Section 790.23(1)(a) of the Florida Statutes provides: In general, felons are prohibited from possessing guns. Florida has a gun-loving populace with a rich history of hunting and sport shooting, so this is a concern for many convicted felons, people accused of felonies, and their family members.
One question he gets asked a lot is about the lawful possession of firearms after a felony conviction. As a criminal defense attorney, it is often his job to counsel his clients on gun crimes, and gun ownership issues.
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