Under Florida law you may purchase a firearm, and you may obtain a CCW as long as you have not been under supervision in the last 3 years. The problem is that the federal government does not recognize FL's system of withholding adjudication. Under FL you have never been convicted of a felony and can truthfully state so. If however you are charged under Federal law with possession of a firearm by a convicted felon you will be found guilty. Having a CCW will in most cases protect you from...
5 people marked this answer as helpful
THERE HAS NEVER BEEN A 3-STEP RULE IN FLORIDA-------NEVER. While I am ordinarily reluctant to criticize other lawyers publicly, some of the answers on this thread should be removed based on blatant inaccuracies and falsehoods. Please immediately contact Florida Carry, Inc. www.floridacarry.org 850-270-7486. We are tracking cases like this statewide. We will gladly have one of our attorneys do a free consultation with you to determine if your method of carry in your vehicle was lawful....
1 lawyer agreed with this answer
As long as you were not adjudicated incapacitated by the Court you should not be turned down for purchase or concealed carry. If you were adjudicated incapacitated you can request to have your rights restored, but there is a 5 year waiting period after the restoration of rights for a CCW.
It depends on whether you were adjudicated to be incapacitated under FL Stat. 744.331 by the Court. You would have to review the Court records to determine the resolution of the case. A temporary commitment to a mental hospital for evaluation is not in itself a bar to firearms ownership, but only a review of the final order of the Court can determine your status. I handle issues like this on a statewide basis.
You say you were caught next to your house. If you are on your own property you may lawfully carry openly or concealed. If you were on your own property and were not doing anything else illegal, the arrest was illegal as what you are accused of doing is not only allowed by FL law but is encouraged by statute.