Criminal Defense · Florida Gun Owners

Who Can Own and Buy a Firearm in Florida

Most adults can own a firearm in Florida. A short list of people cannot.

That list comes from two places: Florida law and federal law. Both apply to you at the same time. You can be allowed under one and barred under the other.

This page walks through the main categories so you can see where you stand.

The basic rule

If you are not in a prohibited category, you may generally own a firearm and keep it at home. Buying is a separate step with its own paperwork and age rules. That part is covered on our background-check page.

Who is generally prohibited

1. People convicted of a felony.

Federal law bars a person convicted of a crime punishable by more than a year in prison from possessing a firearm. Florida has its own felon-in-possession law as well.

The word "convicted" matters. Whether an outcome counts can be a close question. That includes a withhold of adjudication, a sealed record, or an out-of-state conviction. Do not assume. Ask a lawyer before you buy or hold a gun.

Some people can have rights restored. The process is different for state and federal convictions.

2. People subject to certain injunctions.

In Florida, a final injunction against domestic violence, stalking, or cyberstalking that is currently in force bars you from having a firearm or ammunition. Federal law reaches some protective orders as well.

If you have been served with one, read the order. It often says what to do with firearms you already own, and how soon.

3. People convicted of a misdemeanor crime of domestic violence.

Federal law bars firearm possession after a conviction for a qualifying domestic violence misdemeanor. This catches people who thought a misdemeanor could not take away their rights.

4. People who are fugitives, or unlawful users of or addicted to controlled substances.

Federal law bars firearm possession in these cases. Whether a medical-marijuana patient is covered has been argued in the courts. Do not guess.

5. People adjudicated mentally defective or committed to a mental institution.

Federal and Florida law both address this. Florida's rules reach some Baker Act cases and some other court findings. A person in this group may not own or possess a firearm until relief is obtained.

6. People who are not lawfully in the United States, and most people here on a nonimmigrant visa, with limited exceptions.

7. Some young people and people with certain delinquency findings.

Florida limits which people under 18 may possess a firearm. Florida law also bars a person under 24 who was found to have committed a delinquent act that would be a felony if an adult did it.

The age rule for buying

Florida. Florida law says a person younger than 21 may not purchase a firearm. Licensed dealers, importers, and manufacturers may not sell or transfer a firearm to someone under 21. The statute has limited exceptions for law enforcement officers, correctional officers, and service members buying a rifle or shotgun. A violation is a third-degree felony.

Federal. Licensed dealers may not sell any firearm to a person under 18, or a handgun to a person under 21.

The Florida purchase-age law has been challenged in court. It remains in the Florida Statutes as of the date at the bottom of this page. If you are under 21, confirm the current law before you try to buy.

Buying and carrying are different rules. A 2026 appeals-court ruling on carrying by adults under 21 is covered on our concealed-carry page. It did not change the purchase statute.

Having a gun when you are not allowed

Possession by a prohibited person is a serious crime. Depending on the facts, it can be charged under Florida law, federal law, or both. Penalties can include years in prison. Charges and penalties have their own page.

You can be charged even if the gun was not yours, was in a car, or was kept in a home you share. That is why the question of "possession" is where many of these cases are fought.

Practical checks before you buy or keep a gun

  • Do you have any prior conviction, here or in another state? Do you know exactly how it was entered?
  • Is there an injunction, protective order, or no-contact condition in your life right now?
  • Has a court or hospital process ever involved you?
  • Does anyone in your home fall into one of these groups? A shared home can raise questions about who has access.

If any answer is "I am not sure," stop and ask before you buy.

Why this matters

Many people in this position had no idea. A man buys a gun after a long-ago case. A woman keeps her husband's rifle after an injunction is served. Both can end up facing a criminal charge.

A lawyer can look at the exact paperwork and tell you whether a category applies. Where there is a path, a lawyer can point you toward restoring your rights.

Not sure whether you can own a firearm, or facing a possession charge? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.

General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. Laws change; confirm the current law before you act. Law last checked October 27, 2026.

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