Living with roommates can already be tricky, but when firearms are involved, things can get complicated quickly. Whether you’re a gun owner or thinking of sharing an apartment with a gun owner, you should know the laws that govern firearms in shared living spaces.
Keep reading to learn more about how firearm laws might apply to your current or future living arrangements and how you can ensure a secure and harmonious living environment for everyone involved.
What Constitutes Unintentional Possession
Unintentional firearm possession refers to situations where an individual unknowingly or accidentally comes into possession of a firearm. This can occur in various scenarios, such as someone accidentally taking a firearm that doesn't belong to them, acquiring a firearm through inheritance, or unknowingly having a firearm in their belongings or living space.
It can also include instances where a firearm is left unsecured, and someone, especially a child or unauthorized person, gains access to it without the owner's knowledge or permission. Unintentional firearm possession raises concerns about safety and legal liability, as the person in possession may not have the required knowledge, training, or legal permission to handle the weapon.
How Florida Charges You For Someone Else's Gun
The charge that reaches a roommate is constructive possession. The state does not have to prove the gun was in your hand. It has to prove that you knew the firearm was there, that you knew what it was, and that you had the ability to exercise dominion and control over it.
Where the gun is found somewhere you control exclusively, a locked drawer in your own bedroom, knowledge and control can be inferred from that control alone. Where the space is shared, that inference is not available and the state must prove knowledge and control by independent evidence. Mere proximity to a roommate's firearm is not possession.
That is not a complete shield. In Brown v. State, 428 So. 2d 250 (Fla. 1983), the Florida Supreme Court held that joint occupancy plus contraband in plain view in the occupants' presence can support a constructive possession conviction against each of them. A gun left out on a shared coffee table is a different case from a gun in a roommate's closet.
When A Prior Felony Turns This Into A Second-Degree Felony
Fla. Stat. s. 790.23 makes it unlawful for a person convicted of a felony to own or have in his or her care, custody, possession or control any firearm, ammunition, or electric weapon or device. The offense is a second-degree felony, punishable by up to 15 years in prison. It reaches ammunition on its own, so a box of shells in a shared closet is enough to charge.
The same constructive possession rules apply, which is why a felon living with a gun owner is in a genuinely different position from anyone else in the household. Florida's 2023 permitless carry law, ch. 2023-18, changed s. 790.01 for people who may lawfully own a gun. It did not touch s. 790.23, and it did nothing for a person with a felony conviction.
The two ways out are in s. 790.23(2): a person whose civil rights and firearm authority have been restored, and a person whose record was expunged under s. 943.0515(1)(b).
Minors With Access To Firearms
Florida sets a storage duty when a minor is likely to reach the gun. Under Fla. Stat. s. 790.174, a person who stores or leaves a loaded firearm on premises under his or her control, knowing or having reason to know that a minor is likely to gain access to it without permission, must keep it in a securely locked box or container, in a place a reasonable person would believe secure, or fitted with a trigger lock.
For this statute a minor is anyone under 16, under s. 790.174(3). The offense is a second-degree misdemeanor under s. 790.174(2), punishable by up to 60 days in jail and a $500 fine, and it applies where the minor actually gains access and then possesses or exhibits the firearm in a public place, or in a rude, careless, angry or threatening manner. It does not apply if the minor got the gun through someone's unlawful entry.
Secure Firearm Storage Practices
By following secure firearm storage practices, gun owners can significantly reduce the risk of accidents and unauthorized access to their firearms in shared living spaces. It’s important always to prioritize safety when handling and storing firearms to protect yourself and those around you.
Implementing Locked and Unloaded Storage
Firearms should be stored in a locked container without ammunition to prevent unauthorized access by children, other household members, or potential intruders. In a shared home this is also the cheapest way to keep a gun out of the constructive possession analysis: a firearm locked in a container only one person can open is not in anyone else's dominion and control.
Cable locks are an affordable and effective method for securing firearms. To apply a cable lock, the cable must be threaded through the ejection port and out the empty magazine slot. This prevents the slide from closing and the magazine from being inserted.
Be sure to pull on the locking mechanism to ensure the cable lock is securely installed. If the cable comes loose, try locking it again. Check your cable lock periodically to make sure it remains in good condition and address any problems to maintain secure firearm storage.
Separating Firearms and Ammunition Storage
Keeping firearms and ammunition separate is an additional safety feature that ensures that even if someone gains access to your gun, they don't have the ammunition needed to use it. This is especially important in shared living spaces where roommates or visitors may not be familiar with firearm safety protocols and could accidentally cause harm if both the firearm and ammunition are easily accessible.
Implementing these precautions demonstrates responsible firearms handling and contributes to a safer environment for everyone in the living area.
Strategies For Preventing Unintentional Firearm Possession In Shared Living Spaces
Unintentional firearm possession can create significant risks to the safety and well-being of all. Establishing and maintaining strategies that promote responsible firearm ownership and prevent unauthorized access to firearms is necessary to minimize these risks.
Establishing A Culture Of Gun Safety
Creating a culture of gun safety in shared living spaces can prevent unintentional firearm possession and accidents. This involves educating residents about responsible gun ownership, safe storage practices, and adherence to local laws and regulations. Encourage open discussions about gun safety and provide resources for residents to learn more about proper handling and storage.
Maintaining Open Communication Between Roommates
Open communication is key in addressing firearm ownership and storage in shared living spaces. Roommates should have honest conversations about their feelings and concerns regarding firearms in the home.
If a roommate owns a gun, they should inform others and discuss how they plan to store it. Clear boundaries and expectations can help prevent misunderstandings and ensure all residents feel comfortable and secure in their living environment.
Implementing House Rules
Establishing and enforcing house rules regarding firearms may include prohibiting firearms in common areas, requiring safe and secure storage of guns and ammunition, and mandating that firearms are kept unloaded when not used.
Additionally, rules should outline the consequences for violating these guidelines, such as eviction or other penalties. By implementing and enforcing these rules, residents can create safer living conditions for everyone.
Encouraging Responsible Gun Ownership Among Residents
Promoting responsible gun ownership among residents helps prevent unintentional firearm possession in shared living spaces. This includes encouraging residents to undergo proper training and licensing and staying informed about local firearm laws and regulations. Providing resources and information on gun safety courses, storage devices, and legal requirements can help residents make informed decisions about firearm ownership and use.
Legal Considerations
State and federal laws regulate firearm possession and storage, so everyone sharing a living space needs to know their legal obligations for their firearms.
State And Federal Laws Regulating Firearm Possession And Storage
Federal law reaches the household too. 18 U.S.C. s. 922(k) makes it an offense to possess a firearm whose serial number has been removed, obliterated or altered, and 18 U.S.C. s. 922(g)(1) separately bars possession by anyone convicted of a crime punishable by more than a year in prison. A federal charge does not depend on how Florida grades the same conduct.
Florida's own storage rule is Fla. Stat. s. 790.174, covered above: a loaded firearm on premises you control must be locked in a box or container, kept somewhere a reasonable person would believe secure, or fitted with a trigger lock, where you know or should know a minor under 16 is likely to reach it.
Liability For Damages Or Injuries
Gun owners in shared living spaces need to be aware that they may be held liable for any damages or injury caused by their firearms, even if the incident was unintentional. This can sometimes result in costly legal fees, civil lawsuits, or even criminal charges.
The impact of such incidents can extend beyond financial consequences to potentially damaging personal relationships and your reputation. The emotional toll on everyone involved can be significant, leading to long-lasting effects on mental health and overall well-being.
Hire A Firearm Attorney Today
If your shared home was searched and you are facing a weapons charge over a gun that was not yours, the case will turn on what the state can prove about your knowledge of the firearm and your control over where it was found. That is worth talking through with a lawyer before you give any statement about whose room it was or who had a key.
Call Weinstein Legal Team now at (888) 626-1108 or click here to schedule a free, no-obligation consultation with one of our attorneys. During that call we will go through the search, who lived where, and what the state says links you to the firearm.
