How a Domestic Violence Conviction Can Affect Your Right to Own a Firearm

As of July 1, 2023, Florida residents can legally carry a concealed firearm without a permit or license. There are, however, some critical exceptions. Previously, a resident had to apply for a concealed carry permit from the Florida Department of Agriculture and Consumer Services. And under the current law, a person who was lawfully denied a permit under the old law can still be charged with a felony if they now try to carry a concealed firearm.

Earlier Battery Conviction No Bar to Owning a Firearm

One reason a person may be lawfully denied a firearm permit is if they are barred from possessing or purchasing a firearm under federal law. For example, federal law bars someone from owning a gun if they were previously convicted of a “misdemeanor crime of domestic violence” that involved the use of force against a spouse or certain persons who are “comparable to a spouse.”

The Florida First District Court of Appeals recently addressed the question of who qualifies as a person “comparable to a spouse.” The case before the court, JC v. Department of Agriculture and Consumer Services, involves a person who previously applied for a Florida concealed carry permit under the pre-2023 law. Eight years earlier, the defendant was in a sexual relationship with another person, identified in court records as “A.K.” The applicant met A.K. while the former was visiting California. A few weeks later, A.K. returned with the applicant to the latter’s home in Florida. Shortly after their arrival, however, police arrested the applicant on charges of committing battery against A.K.

The Department concluded that, based on the defendant’s prior conviction, he was barred under federal law from holding a state gun license. Specifically, the Department found the defendant “committed a misdemeanor crime of domestic violence.” On appeal, however, the First District held the Department read the law incorrectly.

Here, again, there have been substantive changes to the law in recent years. Prior to 2022, federal law defined domestic violence in this context as involving persons who were in a relationship “comparable to a spousal relationship.” Current law extends domestic violence to cover people who are merely in a “dating relationship.” But this change was not made retroactive. Consequently, the Department had to show the applicant and A.K. were in a spousal-type relationship for his earlier domestic violence conviction to bar him from legally possessing a firearm.

The First District said the Department failed to meet that burden. To the contrary, the evidence showed whatever relationship the applicant had with A.K. was “quite brief and lacked the hallmarks of a marriage.” At best, they lived together for about six weeks, during which time they never acted or held themselves out as a married couple. Accordingly, the appellate court said there was no legal bar to the defendant owning and carrying a firearm.

Contact Joshi Law Today

Even in a state as committed to personal firearm rights as Florida, there are still a number of ways a person may be charged with a serious crime related to the possession of a concealed weapon. An experienced Orlando gun and weapon crime lawyer can assist you in defending your rights in this area. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

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