Pensacola, FL asked in Criminal Law, Domestic Violence and Federal Crimes for Florida

Q: What firearm restrictions r put an individual convicted of a misdemeanor domestic violence in CA that now resides in FL?

My mom is married to a guy that hit her and was charged with Domestic violence in California. They stayed together but shortly afterwards lost their home in the Paradise CA fire and now live in Florida. My sister once took his guns away when he was suicidal and never reported it. We know he's still capable of abuse and is mentally unstable but that's our "opinion" and unprovable in court at this point because we lack admissible evidence but we know this to be the case. The only fortunate part of the fire was all his firearms were destroyed and now that he has a DV on record we assume he can't buy more firearms legally because of that conviction. It's been 2.5 years since the DV incident. My mom is now talking about buying firearms in FL that this man will naturally have access to and my hope is that his conviction will not allow my mother to buy the firearms herself and bring them into a home were someone convicted of DV will reside. Can I expect the state to deny the sale?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: No, your mom is not prohibited from purchasing firearms just because her husband has been convicted of a California misdemeanor involving domestic violence. If she acquires the firearm with the intended purpose that he has access to it, she would be committing a felony; see Florida Statute 790.065. It should be obvious to her that doing so would be an extremely dumb thing to do.

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.