Ability to Buy Firearms With Jacksonville Domestic Battery or Florida Felony Charges

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Being arrested in Florida will likely affect your gun rights in one way or another.

Have you been arrested for a felony in Duval County?  Did you plead no contest or guilty to a criminal case in Clay County?  Did you receive a withhold on a felony charge in St. Johns County?  If you pleaded guilty or no contest to a criminal case in Florida, you were either convicted of the crime or the judge withheld adjudication.  You want a withhold of adjudication, so you are not technically “convicted” of the crime.  If you are not convicted of the crime, you may be able to seal your Florida record.  If you would like to seal or expunge your Florida record, you would need to discuss this with a Jacksonville lawyer that has experience.  Another benefit of having a withhold of adjudication is that you maintain your rights, since you are not a convicted felon.  If you do not want to lose your right to vote, you should avoid a felony conviction.  Felony charges can vary from Jacksonville possession of cocaine or a controlled substance to Jacksonville burglary.

What if you were arrested for a felony and the judge withheld adjudication?  You are not a convicted felon.  Does that mean that you can buy a gun?  You need to look at Florida Statute 790.065.  It is listed below.  Note that portions have been omitted due to the length of this Florida gun law, so read the statute in its entirety.  The Florida Department of Law Enforcement (FDLE) must conduct a background check before you buy a firearm in Jacksonville.  If the FDLE finds that you “had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence” within the past three years, they will not permit it.

Do not even think about having a friend or family member by a gun or other firearm for you. Jacksonville Florida gun laws make this a crime.  It is a third degree felony for someone to knowingly acquire “a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm.”

If you have been arrested, talk to a Jacksonville criminal lawyer about your case.  Being convicted of a crime can result in you going to jail or prison.  It will affect your criminal record and much more.  Your Jacksonville criminal defense attorney will help you find a way to dispose of your case in the best way possible under your circumstances.  Even if you were not arrested for a felony, other criminal charges can hurt you.  A Jacksonville domestic battery charge or Jacksonville domestic violence injunction can also cause you to lose your firearm’s rights.  You can contact a lawyer in Jacksonville by email or by calling (904) 564-2525.

Florida Statute 790.065 governs the sale and delivery of firearms in Jacksonville and other cities.  It states:

“(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:

1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23;

2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm;

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

4. Has been adjudicated mentally defective or has been committed to a mental institution by a court and as a result is prohibited by federal law from purchasing a firearm.”

 

This Florida gun law gives other reasons that will cause a gun store to refuse to sell a firearm to you.  It states that the firearms dealer shall:

“(c)1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) or for any of the following enumerated offenses:

a. Criminal anarchy under ss. 876.01 and 876.02.

b. Extortion under s. 836.05.

c. Explosives violations under s. 552.22(1) and (2).

d. Controlled substances violations under chapter 893.

e. Resisting an officer with violence under s. 843.01.

f. Weapons and firearms violations under this chapter.

g. Treason under s. 876.32.

h. Assisting self-murder under s. 782.08.

i. Sabotage under s. 876.38.

j. Stalking or aggravated stalking under s. 784.048.

If the review indicates any such indictment, information, or arrest, the department shall provide to the licensee a conditional nonapproval number.

This entry was posted in Burglary, Domestic Violence, Gun Crimes, Possession of a Firearm by a Convicted Felon, possession of cocaine, Restraining Orders and Injunctions, Restraining Orders/Injunctions, Seal Criminal Record, Seal or Expunge Record. Bookmark the permalink.

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