Florida Driving Records Check

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Firearm possession in the state of Florida?

Would a person found not guilty by reason of insanity on an assault charge 15 years ago be able to legally possess a firearm under Florida law? The phrase ” mentally incompetent” is confusing. If the person had completed the requirements under their conditional release, had no criminal record since, had no need for any psychiatric treatment since, and can drive, vote, and serve jury duty; wouldn’t they pass a background check? This case isn’t as cut and dried as it would seem. Is this a case where the past court case is not a disqualifier; or is it a situation where rights have to be restored? Keeping weapons from someone who IS dangerous makes sense. But does a past history of mental illness affect one’s rights now??

The Federal Firearms Act defines those who fall under one or both of the below paragraphs are in ineligable…

~ Has been “adjudicated as a mental defective” (defined by Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) regulations to include persons who have been determined to be a danger to themselves or to others, or who lack the mental capacity to contract or manage their own affairs, including persons found insane by a court in a criminal case, persons found incompetent to stand trial, and persons found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. §§ 850a, 876b (27 C.F.R. § 478.11);

~ Has been “committed to a mental institution” (defined by ATF regulations to mean involuntary commitment (27 C.F.R. § 478.11));

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