Florida Adjudication Witheld = Firearm?


PDA






kalen22
April 5, 2010, 08:52 PM
Simple question: In Florida, after completing supervision with adjudication withheld, can I legally purchase a firearm?

I have just completed an 18 month supervised drug offender probation sentence for 2 counts of Controlled Substance without a Prescription (statute 893.13). I had Adjudication Withheld on both third degree felonies. On my completion letter from the Florida Department of Corrections, it stated:

"If adjudication was withheld, you did not lose your civil rights, however, the Florida Department of Law Enforcement (FDLE) may refuse the right for you to purchase a firearm following the successful completion of supervision, pursuant to Section 790.065 Florida Statues. Contact your local FDLE office if you have questions regarding the law."

The next day I contacted the FDLE Firearms Purchase Program (850-410-8140) and was told that regardless of the charge in which you received adjudication withheld, you are unable to purchase a firearm for three years after the completion of your supervised probation. This also agrees with a question from the Florida Parole Commissions website FAQ (https://fpc.state.fl.us/FAQClemency.htm), which states:

7. If adjudication of guilt was withheld in my case, do I need restoration of civil rights?

No, if adjudication of guilt was withheld in your case, you have not lost your civil rights. However, per the Florida Department of Law Enforcement Firearms Purchase Program, you are prohibited from purchasing or possessing firearms for at least three years from the date your supervision terminated.

--

I feel as though I've done enough research to answer this question for myself. Then I get on the internet and hear all sorts of different stories. An individual claiming to be a lawyer on a different forum stated that it was only a three year wait after supervision if the offense was of domestic violence. But I believe that man is mistaken, as the FDLE Firearm Purchase Program person I spoke with stated that it did not matter what the offense was for.

Any clarification that anyone can give or personal experience would be greatly appreciated. Thank you.

If you enjoyed reading about "Florida Adjudication Witheld = Firearm?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
divemedic
April 5, 2010, 10:54 PM
790.065:

(2) Upon receipt of a request for a criminal history record check, the Department of Law Enforcement shall, during the licensee's call or by return call, forthwith:

(a) Review any records available to determine if the potential buyer or transferee:

<snip>

3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or

<snip>

(b) Inform the licensee making the inquiry either that records demonstrate that the buyer or transferee is so prohibited and provide the licensee a nonapproval number, or provide the licensee with a unique approval number.

Now that says that FDLE cannot authorize you to BUY a firearm from a dealer. I cannot find a law that says you can't possess one. That doesn't mean the law doesn't exist, just that my 2 minute search didn't find one.

Contact an attorney.

brboyer
April 5, 2010, 10:58 PM
Florida Statute 790.065 (2)(a)(3) states that one cannot purchase a firearm - from a licensed importer, licensed manufacturer, or licensed dealer - if the individual has
Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred

divemedic
April 5, 2010, 11:27 PM
states that one cannot purchase a firearm - from a licensed importer, licensed manufacturer, or licensed dealer

That is what I said. I also said that the law in question did not prohibit him from POSSESSING one, just BUYING one. Do you know of a law that prohibits possession if adjudication is withheld?

StarDust1
April 6, 2010, 01:16 PM
The OP needs the services of an attorney.

brboyer
April 6, 2010, 01:56 PM
That is what I said. I also said that the law in question did not prohibit him from POSSESSING one, just BUYING one. Do you know of a law that prohibits possession if adjudication is withheld?
Dive, I think I was typing while you posted....

I find no state law prohibiting possession or private purchase.

The federal law seems to only prevent possession while under supervision or during the diversion period.

divemedic
April 7, 2010, 12:46 PM
Dive, I think I was typing while you posted....

I didn't know if you were aware of a law that I wasn't.

The OP needs the services of an attorney.

Agreed.

If you enjoyed reading about "Florida Adjudication Witheld = Firearm?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!