Rose Mary Hollifield survived being shot by her abusive husband, but suffers from physical and emotional pain as a result. Studies show that domestic violence involving firearms is very dangerous, and lawmakers have made laws to prevent abusers from having guns. In 1994, the law was changed to make it a federal crime for someone with a court order of protection against them to have a gun or bullets that have been transported across state lines. The court order has to be fair and the person has to know about it. The order has to stop the person from bothering, following, or threatening their partner or child, or doing anything that could make their partner scared of getting hurt. The order also has to say that the person is a real threat to their partner or child, or say that they can’t use physical force against them. The law only applies to married couples, ex-married partners, parents of children, or partners who live together. If someone with a court order of protection has a gun or bullets, they can get in trouble, even if they didn’t do anything else wrong. Cops and military people are allowed to have their guns at work, even if they have a court order against them. If you’re a police officer or in the military and need a gun for your job, you’re allowed to have one. But if you’ve been ordered by a court to stay away from someone, you can’t buy a gun. If you lie on the form when you buy a gun, you could go to jail for up to 10 years and be fined up to $250,000. And if you’ve been convicted of a domestic violence misdemeanor, you can’t have a gun or bullets that have been shipped between states or countries. This law is known as the “Lautenberg Amendment.” The Lautenberg Amendment says that if someone is convicted of a misdemeanor crime of domestic violence, they can’t have a gun. This applies to people who are in a relationship with the victim, as well as parents or guardians. It doesn’t matter if the person was represented by a lawyer or had a trial by jury. If someone is convicted, even if it’s a long time ago, they still can’t have a gun under this law. Even if their record is cleared, they still can’t have a gun. This also applies to police officers and military personnel. If they are convicted of this crime, they might lose their job or be moved to a different position where they don’t need a gun. If a police officer is convicted of domestic violence, they can’t have a gun and may lose their job. Florida law also says that if someone has an injunction for protection against domestic violence, they can’t have a gun or bullets. In Miami-Dade County, people who are ordered to surrender their guns and bullets must do so within 24 hours or they could get in trouble. If someone has a protective order against them, they can ask for their gun back when the case is over and there are no other reasons they can’t have it. In Miami-Dade county, there’s a specific way to ask for the gun back, including checking to make sure there are no other reasons they can’t have it, and letting the person who asked for the protective order know before giving the gun back. Florida law also lets police officers keep their guns for work, as long as their agency allows it. If you have been convicted of a misdemeanor crime of domestic violence in Florida, you are not allowed to have a firearm. When you want to buy a gun, you have to fill out a form and answer a question about your domestic violence history. The Florida Department of Law Enforcement will also check to see if you are allowed to have a gun. If you have been convicted of misdemeanor domestic violence, or had charges withheld or suspended, you cannot have a gun unless at least three years have passed since probation or your record has been cleared. If you are arrested or charged with domestic violence, you have to give up your firearms. Both Florida and federal laws apply in Florida, and the authorities in each jurisdiction are responsible for enforcing these laws. Federal authorities decide if Florida laws meet standards for federal prosecutions. Florida must follow state guidelines for domestic violence cases and inform parties of state and federal gun laws. Gun control laws help keep domestic violence victims safe. Both Florida and the U.S. Congress have made laws to protect victims and hold abusers accountable. There is a serious risk of harm in domestic violence cases involving firearms. Lawyers should ask if the abuser has access to weapons. If someone shows signs of being extremely possessive, jealous, or violent, and they have a gun, it’s a red flag. We need to make sure they can’t have a gun if they’re a threat to others. People have the right to own guns, but not if they’ve hurt someone in their family. We all deserve to feel safe at home. The article discusses how domestic violence and firearms are connected. It also talks about federal laws that prevent people with a history of domestic violence from owning guns. In Florida, if a court orders someone to stay away from their partner because of domestic violence, they are not allowed to have a gun. People who violate this law can be punished. The article also mentions that the FBI does its own analysis to decide if someone is allowed to have a gun, regardless of what the state thinks. The article ends with a discussion of a federal law called the Our Lady of Peace Act and a Florida law that punishes people who don’t follow the rules about having guns after a court orders them not to. Judge Amy Karan is in charge of the Dedicated Domestic Violence Court in Miami-Dade County. She got her law degree from the University of Miami.
Source: https://www.floridabar.org/the-florida-bar-journal/domestic-violence-and-firearms-a-deadly-combination-the-juxtaposition-of-federal-and-florida-laws/
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