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?
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.
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