South Florida Criminal Defense Lawyer Blog
FLORIDA FELONY LAW AND GUNS
The June 2008 US Supreme Court decision may arguably force a change in Florida’s law prohibiting those with a felony conviction from owning or possesing a gun.
Fort Lauderdale and Miami have the highest rate of gun ownership in Florida, and the highest felony conviction rate. It gets worse:
Florida has increased felony and felony conviction categories. More and more misdemeanors are becoming a felony.
More and more violations of probation and community control are resulting in felony convictions. Drug possession, drug trafficking, resisting arrest, fleeing and eluding have all became enhanced felony charges in Florida.
Florida law makes it a crime for anyone with a felony conviction to own or possess a gun. Things may change: here’s why:
Constitutional rights cannot be legislatively overruled: that’s basic constitutional law. Courts must apply a balancing test. The best example is your right to free speech does not permit calling out “FIRE!!” in a crowded theater.
If gun ownership is a constitutional right then it follows that the legislature cannot take it away. So the arguement goes, and it will….all the way up to the Supreme Court, and soon.
Florida criminal defense lawyers, a high concentration of them in South Florida, Miami and Fort Lauderdale will soon test Florida’s law about guns and felons. Criminal defense attorney Ralph Behr will be on the front lines of this one…. Watch for more news….