Can A Felon Own A Bb Gun In Florida?
Can a Felon Own a BB Gun in Florida?
Florida law prohibits felons from possessing firearms, but does not specifically mention BB guns. So, can a felon own a BB gun in Florida?
The answer is not entirely clear-cut.
On the one hand, BB guns are not considered firearms under federal law. This means that felons are not prohibited from owning them under federal law.
On the other hand, Florida law defines a firearm as “any weapon (including a starter pistol) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.”
This definition could potentially include BB guns, as they are designed to expel a projectile by the action of an explosive (compressed air).
As a result, it is possible that a felon could be charged with a crime in Florida for possessing a BB gun.
However, it is important to note that there are no reported cases of a felon being charged with a crime for possessing a BB gun in Florida.
This suggests that prosecutors are unlikely to bring charges against a felon for possessing a BB gun, unless there are other aggravating factors involved.
Ultimately, the decision of whether or not to charge a felon with a crime for possessing a BB gun is up to the discretion of the prosecutor.
If you are a felon and are considering purchasing a BB gun, it is important to speak with an attorney to understand the risks involved.
| Can a Felon Own a BB Gun in Florida? | Yes | No |
|---|---|---|
| According to Florida Statute 790.013, it is illegal for a convicted felon to possess a BB gun. | Florida Statute 790.013 | ATF FAQs |
In this article, we will discuss the laws regarding felons possessing firearms in Florida. We will cover the following topics:
- The legal definition of a felon
- The laws regarding felons possessing firearms
- The exceptions to the law
- The penalties for violating the law
The Legal Definition of a Felon
A felon is someone who has been convicted of a felony, which is a serious crime punishable by a prison sentence of more than one year. In Florida, felonies are classified into three categories:
- Level 1 felonies are the most serious and carry a prison sentence of 25 years or more.
- Level 2 felonies are less serious and carry a prison sentence of 10 to 25 years.
- Level 3 felonies are the least serious and carry a prison sentence of 5 to 10 years.
The Laws Regarding Felons Possessing Firearms
Federal law prohibits felons from possessing firearms. This means that felons are not allowed to own, purchase, or possess a firearm. Florida law also prohibits felons from possessing firearms, with some exceptions.
The exceptions to the law include:
- Felons who have been pardoned by the governor.
- Felons who have completed their sentence and have been discharged from supervision.
- Felons who have been granted a certificate of rehabilitation.
The Penalties for Violating the Law
If a felon is caught possessing a firearm, they can be charged with a felony. The penalties for violating the law include:
- A prison sentence of up to five years.
- A fine of up to $5,000.
- The loss of the firearm.
The laws regarding felons possessing firearms in Florida are strict. Felons should be aware of the law and the consequences of violating it. If you have any questions about the law, you should consult with an attorney.
1. Can a felon own a BB gun in Florida?
The answer to this question is no. In Florida, felons are prohibited from possessing any type of firearm, including BB guns. This is because BB guns are considered to be firearms under Florida law.
2. What are the penalties for a felon caught possessing a BB gun in Florida?
If a felon is caught possessing a BB gun in Florida, they can be charged with a felony. The penalties for violating the law include:
- A prison sentence of up to five years.
- A fine of up to $5,000.
- The loss of the BB gun.
3. Are there any exceptions to the law prohibiting felons from possessing BB guns in Florida?
Yes, there are a few exceptions to the law. These exceptions include:
- Felons who have been pardoned by the governor.
- Felons who have completed their sentence and have been discharged from supervision.
- Felons who have been granted a certificate of rehabilitation.
4. What should a felon do if they find themselves in possession of a BB gun in Florida?
If a felon finds themselves in possession of a BB gun in Florida, they should immediately surrender the BB gun to the police. They should also contact an attorney to discuss their legal options.
5. What are the best practices for felons who want to own a BB gun in Florida?
The best practices for felons who want to own a BB gun in Florida are:
- Do not own a BB gun.
- If you are given a BB gun as a gift, refuse it.
- If you find a BB gun, turn it in to the police.
- If you are arrested for possessing a BB gun, cooperate with the police and seek legal counsel.
The laws regarding felons possessing BB guns in Florida are strict. Felons should be aware of the law and the consequences of violating it. If you have any questions about the law, you should consult with an attorney.
Can a felon own a BB gun in Florida?
No, felons are prohibited from owning any type of firearm, including BB guns, in Florida. This is because BB guns are considered to be firearms under Florida law.
What are the penalties for a felon caught possessing a BB gun in Florida?
Felons who are caught possessing a BB gun in Florida can be charged with a felony. If convicted, they could face up to 5 years in prison and a $5,000 fine.
What if I was convicted of a felony in another state, but I’m now a resident of Florida?
Even if you were convicted of a felony in another state, you are still prohibited from owning a BB gun in Florida. This is because Florida law prohibits felons from owning any type of firearm, regardless of where the felony was committed.
I’m not a felon, but I have a friend who is. Can I let them borrow my BB gun?
No, you cannot let a felon borrow your BB gun. Even if you are not a felon, you are still prohibited from transferring a firearm to a felon.
What if I find a BB gun in the street? Can I keep it?
No, you cannot keep a BB gun that you find in the street. If you find a BB gun, you should turn it over to the police.
I’m not sure if I’m a felon. How can I find out?
You can find out if you are a felon by checking your criminal record. You can do this by contacting the Florida Department of Law Enforcement (FDLE).
I’m a felon, but I want to be able to own a BB gun. What can I do?
If you are a felon, you can apply for a pardon from the Governor of Florida. If your pardon is granted, you will be able to own a BB gun.