owning a firearm in florida on a withheld adjudication

can I now possess a firearm, successfully completed probation, adjudication was withheld in my case

wanttoknow said:

can I now possess a firearm, successfully completed probation, adjudication was withheld in my case

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Firearm Possession by a Felon

Florida criminal law restricts the rights of convicted felons the right to bear arms. Firearm Possession by a Convicted Felon charge may be either "constructive" possession or "actual" possession. If you have been convicted of a felony in Florida, it is unlawful for you to possess a gun. Contact the Morris Law Firm to receive adequate and experienced representation for your case. It is the State Attorney's mission to prove possession. As a result, if the firearm is not found on the Florida felon, the prosecutor has to prove that the Florida felon had control over the weapon. Contingent on the facts of your Firearm Possession by a Felon case, the prosecuting attorney may be unable to provide sufficient evidence.

Furthermore, if you have been convicted of a felony outside of Florida and your offense carried a possible sentence of more than one year in prison, you are not eligible to possess a firearm in Florida. Also, if you were sentenced as a juvenile of an act that would have been a felony if you were charged as an adult, you are not allowed to possess a firearm. If you are caught at any time with a firearm in your possession you could face prison and parole violations charges.

An exception in Florida State court, that does not consider you technically as a convicted felon exist if you receive a "withhold of adjudication" after pleading no contest. For federal purposes in Florida State court, if you plead guilty and get a "withhold of adjudication", you are considered a convicted felon. If the State Board of Pardons & Paroles restores all of your civil rights, including your right to carry a gun, you will be no longer a convicted felon. You then could not be convicted of Firearm Possession by a Felon. Getting your civil rights restored will also allow you the eligibility to vote.
- See more at: http://www.criminalattorneystpeters...mPossessionbyaFelon.aspx#sthash.NcJ3cfth.dpuf

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Florida might look kindly upon you owning a firearm, but to the FEDS you're a convicted felon.
This is where federal law and state law collide.
But, to purchase a firearm, you have to complete a form administered by the feds.
If you're found in possession of a firearm (in your condition), and subsequently arrested by a state (or local LE), or perhaps a federal agent; the state will look upon you differently than the feds.



You might want to read this:

http://www.hessingerlaw.com/Articles/Withhold-of-Adjudication-One-Free-Bite-at-the-Ap.aspx

Now, you might want to read this:

http://www.jgcrimlaw.com/lawyer-attorney-1691304.html


More material to read:

http://www.defensivecarry.com/forum...educate-me-about-adjudication-witheld-fl.html

http://www.floridaconcealedcarry.co...elony-Adjudication-Withheld-Record-Sealed-CCW

None of these geniuses will get arrested for you.
They won't deal with the court, the law, and maybe prison, either.
Be smart, just don't even try it.
But, if you do, anything can and does happen.

This is a grey area, much like marijuana use, "Romeo Juliet dating laws", or "gay marriage"; despite what certain laws say people thinsg aren't always what you're told.


As you'll learn, there are many opinions about someone in your position owning a firearm.

But, there are NO guarantees.

If you're smart as I think you are, enjoy your freedom and leave those firearms alone.

Adjudication withheld isn't all they promised it would be.
In reality, its nothing but TWO WORDS.