Q: Can a felon own a black powder gun in Florida
A:
Perhaps not. If such a "black powder gun" falls within the definition of an "antique firearm", as defined in Florida Statute 790.001 (1), which reads "any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof ..."; subsection (6) of that section provides that "... The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.", it is arguable. However, that the mere owing of such a weapon be viewed as "the commission of a crime" bringing it back into the definition of firearm. And Florida Statute 790.23 (1) makes it a crime for a convicted felon " ...to own or to have in his or her care, custody, possession, or control any firearm ...".
You have asked your question in "Federal Crimes". Federal law on the subject is similar to state law, but not necessarily the same. So even were the answer to your question be "yes", under Florida state law, Federal law may still make the answer "no".
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
