Weapons, Guns, Firearms Do I have the Right?

[comu3]

Hello all,
In 2004 I was charged with attempted purchase of cocain in FL. A felony charge, my first offense , and adjudication of guilt was witheld. Upon succesfully completing my probation with no VOPs, I was told by the FDOC to contact the FDLE concerning my gun rigths, also telling me that my civil rights were never taken. The FDLE told me that I had to wait 3 years after fulfilling my sentence requirements to purchase or own a firearm.
Well I still have one year four months to go on that (cool down period).
Since then I have become a GA resident. GA law statutes state roughly that pertain to the same scenario allow for a person to purchase firearms once the sentence of probation has been fulfilled in the same way that I did in FL.
My question is, now that I am a Georgia resident, do I have the right to own or purchase a firearm, I am not allowed in Fl, but I don't live there anymore.
I am not looking for imformation on a Geaorgia Firearm License, I am not eligible due to the fact that my charge was drug related. I simply want to know if I am legaly allowed to purchase a firearm in GA.

 

[jharris352]

I would not attempt to buy a firearm while you are under an pending sentence. If you do, you could ruin the whole thing. Got someone you are anxious to shoot?

 

[comu3]

Correction

I would not attempt to buy a firearm while you are under an pending sentence. If you do, you could ruin the whole thing. Got someone you are anxious to shoot?

Perhaps I was not clear enough for you in my post. I have no pending sentence. I have completed probation. The three year period that I am refering to ( a differal period, also known as a cooldown period) is for the purchase of firearms only, and a statute implied by the FDLE General counsel.I no longer live there, now I live in GA.
GA statutes allow for someone given adjudication of guilt withheld on a felony charge, the right to own firearms once probation is completed with some exceptions.
Once again, my question is, Does the FL cooldown period effect the legality of me purchasing a firearm in GA, as a GA resident?
Hope this cleared up any confusion, pal.

By the way, I have no intention of purchasing a firearm unless I am legally allowed to do so, hence the reason for my query.

 

[jharris352]

Perhaps I was not clear enough, you are not finished with your probation until your "cooling off period" is complete and they have released you. Now if I misunderstood that I apologize but it doesn't sound to me like you have finished your case. If you want me to do actual legal research on the issue I am in GA and will do it for you, but I'm almost certain that your cool down period is part of your probationary hold.

 

[comu3]

Well sir, the FDOC has termitatd my probation. I am not reporting to anyone anywhere in the DOC. The DOC has no interest in me what soever. This cooldown period that I mentioned , can be found in Fl Statute somewhere in statute 790. IT is a mandatory waiting period for all those who had adjudication withheld on a felony case in the state of FL and this waiting period beggins uppon succesfull completion of probation.
I am fairly sure that this still applies to me in GA, however, IF it does not than I would be able to purchase and once again own firearms.
I read the entire Ga statute concerning firearms, and they do not cover this sort of thing. I think I will just talk to a judge about it.

Thanyou For your willingness to help

 

[jharris352]

Unless you know a judge personally he/she will not "talk" to you about it. Seeking legal advice isn't a bad idea. I think we are both saying the same thing in a different way. I'm saying the cool down is part of the sentence, you are saying the cool down is something else. Either way, GA and the US Government is going to operate under the laws where your conviction was had (I think).

You could file a Suit for Declaratory Judgment if you tried to buy a firearm and were denied (because there must be an actual controversy). Other than that I just don't know. If you know a judge or lawyer in GA (other than me) ask.

 

[comu3]

I did a liitle digging, FDLE told me that they have no actual hold on my record. When a Firearms dealer from Fl calls them, they lookup a record and if adjudication of guilt is witheld, then they add three years mentaly. So I spoke to a few judges in GA, they did'nt know right of hand. I guess i wil have to hire a lawyer, being that this subject is not directly covered by Ga firearm laws. It looks like a grey area.

 

[comu3]

I do have the right

Well, I contacted the FDLE once again. They told me that It depends on how Ga law interpratates my FL case. I called a lawyer in Ga and he advised me that I am legal to own and purchase firearms. I was advised to write a letter to the DA's office asking them the same question, that way I have their response in writing.

 

[CdwJava]

Okay, this will make a difference, what criminal charge is listed on your criminal history? In other words, what offense have you been found guilty of? IS there a conviction on your record? If so, what is the level and nature of the offense?

Depending on the offense, it may be unlawful under FEDERAL law for you to possess or own a firearm. It sounds to me like you have at least a misdemeanor conviction under your belt as you were on probation. Unless they went back to court, reopened the case and dismissed it, this is still sitting somewhere as a conviction for some offense, is it not?

 

[comu3]

The charge Is mentioned in the first post on this thread. Federal law is not the issue here, I spoke with a lawyer with the ATF about the Federal laws.
Let me summarize the whole thing.
I had guilt withheld on a felony drug charge(attempted purchase of cocaine).
I was given a suspended sentence. I completed my probation with no Violations. The FDOC told me to conatact the FDLE concerning the purchase of Firearms. FDLE advised that there is a three year waiting period for me to purchase guns in Fl.
I no longer live in Fl, I live in GA. Ga statutes do not call for a three year waiting period, when guilt was withheld. I contacted the FDLE concerning this matter. They stated that it depended on how Ga law interprated My case. They also informed me that those with such cases in GA were allowed to purchase in Fl. A lawyer from GA told me tht I could purchase. Now I will be waiting for the GA DA's response to this complicated issue.
If you are knoledgable in this matter than please post your thoughts.

 

[CdwJava]

Yes, I am knowledgeable in these matters. And federal law is everything here IF you have a conviction.

Typically, a deferred entry of judgment works like this: You are found guilty, you agree to a course of treatment and probation, and at the end of the treatment and probation the court RE-OPENS the case and then DISMISSES it - hence, no conviction. But, they cannot have you on probation absent a conviction.

So, the question you need to ask is: "Do I have a criminal conviction? If so, what is it?" You can run this yourself through the FDLE ...

http://www.fdle.state.fl.us/content...a/Obtaining-Criminal-History-Information.aspx

It is possible FL does something different, but this is the typical process I am familiar with in other states. And, depending on the state conviction (if it has not been dismissed) you could be forbidden by federal law to own or possess a firearm.