Tampa, FL asked in Federal Crimes and Criminal Law for Florida

Q: Can a felon own a black powder gun in Florida

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed 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".

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