Legal Question in Criminal Law in Florida

Hi

I was arrested in November 2010. My charge was affray- touch or strike. Florida Statute 784.03 1 a (1)

Adjudication was withheld. I paid my fees and probation was automatically terminated. I did no jail time. I was not required to take the Batterer Intervention Program, which is required for those who commit domestic violence.

I still have the right to vote, run for office, or serve on a jury.

However, the Florida Laws are so confusing when it comes to gun laws. What are my rights? Everybody I ask is giving me the runaround.

Can I legally possess a handgun?

Purchase a handgun?

Carry a concealed weapon?

Nobody can give me the definite answer. Please help.


Asked on 4/25/11, 8:35 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This is a very confusing area of law so even I am reluctant to answer because there always seems to be exceptions and exception to exceptions so take this for what it's worth. You are not "convicted" under Florida law and therefore under Florida law, you should be able to possess. That means you should be able to apply to buy and be able to possess a firearm. For Federal law purposes, however, you can't possess a firearm, if you pled guilty (as opposed to no contest), then you should still be able to possess a firearm. A no contest plea on this charge will mean that you should be able to possess a firearm under Federal law. Furthermore, if there was a separate injunction placed against you, then for that reason alone, you can't possess a firearm unless and until the injunction is lifted.

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Answered on 4/26/11, 12:29 pm


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