Does a DUI Affect Gun Rights in Florida?
Felony DUI Convictions Strip Citizens of Gun Rights in Florida
DUI becomes a felony offense upon your third conviction. Under Section 316.193(2)(b)1 of the Florida Statutes, your third DUI within ten years is a third-degree felony offense that is punishable by up to five years in prison and hefty fines between $2,000 and $5,000. The penalties for a felony DUI also affect your right to own a firearm. A conviction for a third DUI within a ten-year period prevents people from owning or possessing firearms, ammunition, or electric weapons according to Section 790.23.
Those with a felony DUI on record are among a group of individuals who may not purchase, possess, or control any type of firearm or ammunition. Generally, a person may not purchase, possess, or control firearms or ammunition if:
- They have been convicted of any type of felony offense
- They have committed a delinquent act when they were under 24 years old, that would be considered a felony
- They have committed a federal felony
- They have committed a delinquent act in another state or country that would be considered a felony in Florida
Purchasing or possessing guns with a felony is also against federal law.
Do I Need to Surrender My Guns if I Have a Felony DUI?
Florida law requires felons to surrender firearms upon their third DUI conviction. Failing to do so could lead to further consequences.
Violating Section 790.23 is a second-degree felony punishable by up to 15 years in prison and a fine of no more than $10,000. Additionally, you may not receive a concealed weapon permit without having your civil and firearm rights restored by the state.
Even a first-time DUI is a serious offense in Florida. If you face DUI charges in Orlando, it’s crucial to speak with a dedicated DUI lawyer to develop a strong defense for your case. At The Umansky Law Firm, our attorneys have over 100 years of combined experience defending DUI throughout Central Florida. Call 407-228-3838 for a free case review or contact us.
