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Gun Rights & Domestic Violence in Florida

Blog 2019 July Gun Rights & Domestic Violence in Florida
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Gun Rights & Domestic Violence in Florida

Posted By Law Offices of Stepniak Park || 30-Jul-2019

Whether it’s a misdemeanor or a felony, a conviction for a domestic violence offense in Florida is associated with harsh penalties.

For example, domestic violence involving battery is either a first-degree misdemeanor that carries a maximum one-year jail sentence and a fine of no more than $1,000 or a third-degree felony that’s punishable by a prison term of up to five years and a maximum $5,000 fine.

While a domestic violence conviction can also lead to losing custody of a child, it also results in the loss of gun rights.

According to the Domestic Violence Offender Gun Ban—also known as the Lautenberg Amendment—anyone who has been convicted of a domestic violence misdemeanor is banned from possessing a firearm. Federal law states that a domestic violence offender who has a gun could face a maximum 10-year federal prison sentence and a fine of up to $250,000.

In regard to restraining orders, Florida law states that those who have been the subject of a final judgment for an injunction for protection cannot possess either a gun or ammunition. If a person has been subject to multiple domestic violence injunctions, his/her concealed carry license will be suspended, or his/her application will be denied.

If a person who has been convicted of a domestic violence misdemeanor attempts to purchase a firearm and lies on ATF Form 4473, he/she faces a third-degree felony.

If you have been charged with domestic violence in Daytona Beach, contact the Law Offices of Robert Stepniak today at (386) 253-4750 and request a free consultation.

Categories: Domestic Violence

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