AR15.Com Archives
 Florida question relating to probation Legal Help Please
Evenflo76  [Team Member]
5/6/2011 9:08:11 PM
I am a Florida resident. I have just plead guilty to a 3rd degree felony. Fraud. Class 3 felony. Adjudication WITHHELD. Sentenced to probation. I have sold my firearms in order to be compliant.

My question relates to my rights after my probation has ended. According to the the probation folk, my 2nd amendment right will be taken from me for up to 8 years after my probation ends.

What will it take in order for me to restore that particular right? I am not interested in skirting the law. I would simply like to know if I am forever doomed... TIA

civprod  [Team Member]
5/6/2011 9:09:48 PM
I don't know what you need to do to get your rights restored in Florida. However, once you have been ajudicated a felon, you lose that right forever regardless of the amount of time, unless you can get your rights restored.
coldair  [Team Member]
5/6/2011 9:12:27 PM
register as a democrat and tell them you will vote for Obama as soon as your rights are restored
VA-gunnut  [Site Staff]
5/6/2011 9:13:57 PM
You may get a better answer in the FL HTF.
Evilriflefan  [Member]
5/6/2011 9:31:12 PM
Originally Posted By Evenflo76:
I am a Florida resident. I have just plead guilty to a 3rd degree felony. Fraud. Class 3 felony. Adjudicated. Sentenced to probation. I have sold my firearms in order to be compliant.

My question relates to my rights after my probation has ended. According to the the probation folk, my 2nd amendment right will be taken from me for up to 8 years after my probation ends.

What will it take in order for me to restore that particular right? I am not interested in skirting the law. I would simply like to know if I am forever doomed... TIA



No such thing as a "Class 3 felony" in FL. We do however, have 3rd degree felonies. As to your gun question, you need one of three things:

A) A pardon to include gun ownership -or- B) A waiver from BATF -or - C) A presidential pardon.

Good luck on B).

As to A) , you need the governor & two cabinet members to agree.
Evenflo76  [Team Member]
5/7/2011 8:06:33 AM
Originally Posted By civprod:
I don't know what you need to do to get your rights restored in Florida. However, once you have been ajudicated a felon, you lose that right forever regardless of the amount of time, unless you can get your rights restored.


Woops, typo on my part. Adjudication was WITHHELD.
Evenflo76  [Team Member]
5/7/2011 8:10:33 AM
Originally Posted By coldair:
register as a democrat and tell them you will vote for Obama as soon as your rights are restored


I'd rather cut off my junk and eat it for dinner.
DogtownTom  [Team Member]
5/7/2011 11:04:06 AM
Originally Posted By Evenflo76:
I am a Florida resident. I have just plead guilty to a 3rd degree felony. Fraud. Class 3 felony. Adjudicated. Sentenced to probation. I have sold my firearms in order to be compliant.

My question relates to my rights after my probation has ended. According to the the probation folk, my 2nd amendment right will be taken from me for up to 8 years after my probation ends.

What will it take in order for me to restore that particular right? I am not interested in skirting the law. I would simply like to know if I am forever doomed... TIA



<––––FFL

It's not so much Florida law you have to worry about as it is Federal law. Federal law now considers you a "prohibited person".....and that is a permanent condition UNLESS you meet one of the exceptions.

Question 11.c. on the Form 4473: "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

If you answer yes to the above you cannot purchase or possess a firearm.

Exception to 11.c.:
You are not prohibited from purchasing, receiving or possessing a firearm if (1) under the law of the jurisdiction where the conviction occured, the person has been pardoned, the conviction expunged or set aside, or the person has had their civil rights (to vote, serve on a jury, hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occured from receiving or possessing firearms.
Evenflo76  [Team Member]
5/7/2011 12:29:32 PM
Thank You, that is helpful. The probation people said 8 years and that is what it states on the forms I was given. They did say that it is possible to have the 2A right restored earlier, but not how.

I am thinking of contacting the Florida arm of the NRA to find out more