Can I get a Florida CCW permit?

[jester88]

Im a florida resident. 5 years ago i was convicted of a felony, aggravated assault with a firearm. It was I that was assaulted first, by a ten time convicted felon and was defending myself, but thats all under the bridge. When the truth came out in court, i was lucky enough to get adjudication witheld. It has been just over three years since all probation and conditions of the court have been met. I am reading conflicting information on the web regarding this. I dont want to just try to buy a gun and look like a real jerk if it doesn't work. Also dont want to apply for permit if im not supposed to. Does anyone here familiar with florida law that can help me out? Thanks alot.

 

[hapidogbreath]

Hate to say it but you should contact a lawyer..........

 

[NavyLCDR]

You should contact a lawyer. Also, you are telling us two differnt things in your post, which one is true?

Im a florida resident. 5 years ago i was convicted of a felony, aggravated assault with a firearm. It was I that was assaulted first, by a ten time convicted felon and was defending myself, but thats all under the bridge. When the truth came out in court, i was lucky enough to get adjudication witheld. It has been just over three years since all probation and conditions of the court have been met.

Which is it? Felony conviction = prohibited from possessing firearms under both Florida State and Federal statutes.

Adjudication withheld = probably good to go.

Two different outcomes there.

 

[jester88]

^^ the way i understand it (could be wrong), even though i had adjudication witheld, its still a conviction.

 

[AJChenMPH]

+1 on talking to a lawyer. The one who defended you should be able to explain it all and provide any necessary paperwork (or tell you how to get it).

 

[MedWheeler]

I just sampled the agency's eligibility quiz, available on the site, and answered "yes" to the question (no. 15) regarding adjudication of guilt in a felony case. The response informed me that, if three years have passed since total completion of all legal conditions and requirements of said adjudication, I's be good to go. This assumes, of course, that you have no other disqualifying history, and that you have taken the required training for the carry license (no license required to purchase a handgun.)

 

[brboyer]

^^ the way i understand it (could be wrong), even though i had adjudication witheld, its still a conviction.

Nope, they are different.

Convicted = Judge/Jury say Guilty = Never own/carry a firearm for the rest of your life.
Adjudication Withheld = Not convicted

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense

Florida says you have to wait three years after all conditions set by the court have been completed. You may need to provide DOACS with paperwork showing final disposition on the case.

Has not 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 the record has been sealed or expunged

The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.

 

[Downr@nge]

^^^ Same in NJ. Withheld adjudications are NOT the same as convictions.