Can a felon live in a house with a gun in Florida?
Asked by: Pablo Senger DVM | Last update: November 29, 2025Score: 4.4/5 (35 votes)
If I am a convicted felon, can my spouse have a gun in our residence? Generally, no. Even though your spouse can legally possess the gun, since a firearm is in the home it is considered constructive possession.
Can I own a gun if I live with a felon in Florida?
- Florida is a free state.
- If you (a legal firearm owner) lived with a convicted felon, the only requirement you'd have to follow would be any firearms would have to be locked away so the felon wouldn't have access.
- The only weapons that wouldn't be subject to #2 above would be EDC weapons that are on your person.
Can a felon be in the same house as a gun owner?
Under federal law, felons are prohibited from owning or possessing firearms. Some states return a felon's civil rights to own a gun after serving their sentence or a waiting period. If you live with a felon, you have to make sure gun access is limited so they don't have constructive possession.
Is Florida a felon-friendly state?
Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.
Can a felon be around someone with a concealed carry?
So long as that person is the sole possessor of the firearm and that the convicted felon is not in a position to exercise control over it, that's fine. For instance, the individual must be carrying a firearm on their person, they cannot keep it in the glove box and have a convicted felon in the car.
Can a FELON live in same house as a FIREARM?
Does the 2nd Amendment protect felons?
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon.
Can you anonymously report a felon with a gun?
You'll be able to share important information directly with ATF in a way that's simple and anonymous. You can even upload pictures. In the app, just choose "ATF - Anonymous Tip Line" and your tip will be confidentially sent directly to the ATF Field Division closest to you.
What kind of weapons can a felon have in Florida?
According to Florida Statute § 790.23, felons are not allowed to possess or control any firearm, ammunition, or electric weapon. This statute also establishes that a convicted felon is prohibited from carrying a concealed weapon, including chemical weapons or devices such as tear gas guns.
How long does a felony stay on your record in the state of Florida?
A felony conviction in Florida will typically remain on your record indefinitely. It does not automatically disappear or “fall off” after a certain period. However, under certain conditions, you may be eligible to have your record sealed or expunged, which can hide or remove the conviction from public view.
Can felons rent houses in Florida?
There Are No Criminal Record Usage Restrictions
Most Florida tenant screening services provide statewide and countywide access to criminal records, so landlords can view applicants' full criminal histories.
What states allow felons to own firearms?
All states except Vermont generally restrict firearm access after a person has been convicted of a felony, mirroring federal law in this area, which generally prohibits firearm access after an individual has been convicted of a crime punishable by more than one year in prison.
How long does it take to get your gun rights back in Florida?
In order to restore firearm authority, an application is required and there is a waiting period of eight years from the date sentence expired or supervision terminated. For more information on the clemency process and eligibility requirements, go to the Florida Parole Commission Web site.
Can you own property as a felon?
Yes, convicted felons can own property. Federal laws do not prevent felons from doing so. However, state laws and specific restrictions, such as those related to the sex offender registry, may apply in some instances.
Can you have guns in the same house as a felon?
It is a crime under both federal law and CA law for a felon to possess a firearm. If you live in the same home, and he had access to the weapons, he could be charged under a theory of constructive position.
Can a convicted felon carry a knife in Florida?
In Florida, the possession of certain weapons, including knives, by convicted felons is generally restricted. Under Florida Statute 790.23, it is unlawful for a person who has been convicted of a felony to own, possess, or carry a firearm or any "electric weapon or device" (such as a stun gun).
How does a felon restore their rights?
A person convicted of a felony loses the rights to vote, to run for state office, and to sit on a jury. After a first felony conviction, these rights are restored automatically upon completion of sentence if all restitution has been paid. (Unlike unpaid restitution, unpaid fines do not affect restoration of rights.)
Do felonies go away after 7 years?
Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
What felonies cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult.
- Aircraft piracy.
- Kidnapping.
Does being a felon affect your credit?
Although your criminal record doesn't directly impact your credit score, the financial burden that accompanies legal penalties can result in significant credit damage. Legal fees, court fines, restitution, and loss of income due to unemployment or incarceration can cause you to fall behind on payments.
Can my wife own a gun if I'm a felon in Florida?
No, a felon's spouse cannot own a gun in Florida. Under Florida Statute Section 790.23, a prosecutor can attempt to prove that you possessed a firearm, ammunition, or an electronic device or weapon through actual possession or constructive possession.
Can a convicted felon go to the gun range in Florida?
Understanding Florida Law
Under federal law, a person convicted of a felony is prohibited from possessing firearms or ammunition. This restriction includes visiting a gun range to shoot. However, there are nuances to consider, such as the type of firearm and the felon's criminal history.
Can a felon ride in the vehicle with someone who has a gun in Florida?
As long as you don't have access or control of the firearm, it's fine as long as they are legal to carry. My cousin has a couple of felony convictions and rides in my vehicle once in a while.
Why would the ATF come to your house?
The ATF often comes into contact with law-abiding gun owners, and many gun owners find them at their doorstep. Whether it is part of a lost or stolen gun investigation, a private sale of a firearm gone wrong, or suspicious activity—no one wants the ATF to visit them at their home.
What self-defense weapons can a felon own?
They are prohibited from owning, purchasing, receiving, or controlling firearms. Also, people with outstanding felony warrants are forbidden from owning or possessing a gun. It is legal to purchase, possess, or carry a stun gun or taser for lawful self-defense as defined under Penal Code 22610 PC.
What are loopholes in gun background checks?
The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subjecting purchasers to background checks".