Reclaim Your Gun from Florida Police: Quick Guide

Author:

Karen lee

Updated:

August 21, 2024

Ever felt like getting your gun back from the police in Florida is like solving a puzzle? You’re not the only one. The process of getting your firearms back can seem complex, full of legal terms and red tape. But there’s a way to get through it.

In Florida, owning a gun comes with specific duties. If the police take your gun, you must act fast. The process of getting it back is quick but requires your immediate action.

Knowing about section 933.14(3) of Florida Statutes is key. It explains how you can get your gun back legally. You must file a motion with the county court’s criminal division. Luckily, the Clerk of Court won’t charge you for this.

Your motion needs to have important information: the date of the incident, the incident number, and your criminal history. Make sure you can prove you have no outstanding warrants. This rule doesn’t apply to domestic violence cases, Baker Acts, or dismissed felony charges.

Getting your gun back quickly is imperative in Florida. Don’t wait, or your gun might be destroyed. By following the right steps, you can get your gun back.

Florida Gun Laws and Rights

Legal Requirements for Gun Ownership

To own a gun in Florida, you must be at least 21 years old. There’s a three-day wait and a background check for all gun buys. This background check costs $8.00. Florida residents can buy handguns here, but non-residents have limits.

Exceptions to Gun Ownership Rights

Some conditions can take away your right to own guns in Florida. These include felony convictions and domestic violence crimes. The Lautenberg Amendment also stops people with misdemeanor domestic violence convictions from having guns, no matter when they got the conviction.

Open Carry and Concealed Carry Regulations

Open carry is mostly banned in Florida, except for fishing, camping, and hunting. As of July 1, 2023, Florida lets people carry concealed guns without a permit. The first-time license costs $70 and lasts seven years. But, you can’t carry concealed in places like schools and courthouses.

Concealed carry license renewal fee: $60
Duplicate license cost: $15
Maximum fingerprinting fee: $5

Knowing these laws is vital if you’re trying to get back your seized weapons in Florida or restore your gun rights. Always talk to legal experts for the latest gun laws and rights in Florida.

How To Get Gun Back From Police In Florida

Filing a Written Claim

To begin, you must file a written claim within 60 days of your gun being taken. This stops your weapon from being destroyed. Send your claim and police reports to the agency holding your gun.

Submitting a Petition

If there was no arrest or court case, you must file a sworn “Petition for Return of the Firearm” with the court clerk. This petition should include details about your gun, prove you own it, and show you can legally have guns.

Legal Procedures for Different Scenarios

Florida has different rules for returning guns, depending on why they were taken. If your gun was taken due to protection or risk protection orders, you’ll need a court order to get it back. This is based on Section 933.14(3) of Florida Statutes. Getting your gun back might be more complex if you’re on probation. You’ll need someone who can legally take it for you.

FAQ

What are the legal requirements for gun ownership in Florida?

In Florida, you must be 21 or older to buy a gun. Some exceptions apply for law enforcement and military personnel at 18. Only people living in Florida can buy handguns. You must wait three days and pass a background check to buy a gun.

What are the exceptions to gun ownership rights in Florida?

Florida takes away gun rights for certain crimes and conditions. This includes felony convictions and domestic violence offenses.

What are the regulations for open carry and concealed carry in Florida?

Open carry is primarily banned in Florida, except for fishing, camping, and hunting. Since July 1, 2023, you don’t need a permit to carry concealed guns if you meet certain criteria. But, you can’t carry concealed in places like schools, courthouses, and government meetings.

How do I file a claim to get my gun back from the police in Florida?

To get your gun back from the police in Florida, you must file a claim within 60 days. Send the claim to the agency holding your gun, along with police reports.

What is a “Petition for Return of the Firearm,” and when is it necessary?

If there was no arrest or court case, you must file a “Petition for Return of the Firearm.” This petition must include details about the gun, prove you own it, and show you can legally have guns.

Are there different procedures for firearms seized concerning protection or risk protection orders?

Yes, there are special rules for guns taken during protection or risk protection orders. According to Florida Statutes, Section 933.14 (3), you need a court order to get your gun back.

Can individuals on probation reclaim their firearms in Florida?

People on probation might find it hard to get their guns back. They should arrange for someone else who can legally own guns to take the gun.

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