Legal Question in Criminal Law in Florida

My question is if a person was required to surrender a firearm due to having pending felony charges and is later adjudicated and has guilt withheld due to a plea agreement that results in being placed on a probation, are they able to reclaim the surrendered weapon.


Asked on 8/14/09, 9:22 am

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

By law, you are not allowed to possess a firearm while you are on probation. Also, little know is that if you plead to a felony offense in Florida and obtained a Withhold of Adjudication, you cannot possess a gun under Florida law.

As for having your gun returned to you; it should be as simple as asking the agency that is holding it to return it to you. But you will have to show them you are no longer prohibited from having it.

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Answered on 8/16/09, 10:58 pm


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