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Eric J. Friday

Eric Friday’s Answers

5 total

  • How can I be charged with felony possession of firearm when the gun is registered to me?

    I was arrested and charged with felony possession of a firearm. At the time I had already applied for my concealed weapons licensed and the gun I had in my vehicle was registered to me. A week after my arrest I received my concealed weapons licens...

    Eric’s Answer

    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. Unfortunately many lawyers and law enforcement are seriously deficient in the area of firearms law. A recent video online even caught an FHP officer blatantly misstating the law.

    Florida Carry's associated counsel have successfully defended several of these cases and have consulted on many more. Eric Friday, General Counsel, Florida Carry, Inc.

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  • As a juvenile I was put in a mental hospital for a psychiatric evaluation can i still purchase a firearm?

    I was released after the evaluation and the psychologist said there was nothing wrong with me, except he said i have OCD. Don't know if it was official or documented of having it? I was able to leave. i have no criminal records. I am planning on ...

    Eric’s 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.

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  • If i was unwillingly put in a mental hospital for evalution as a juvenile can i still purchase a firearm?

    i have no criminal background

    Eric’s Answer

    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.

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  • What are possible consequences for first offense of having a concealed weapon without a permit under FL criminal code

    I WAS CAUGHT WITH A CONCEAL HANDGUN NEXT TO MY HOUSE. I HAVE NO PERMIT TO CARRY IT AND THE GUN IS OF THE STREETS. THIS IS MY FIRST TIME GETTING IN TROUBLE. WHAT MAY HAPPEN TO ME? I ALSO I TOLD THE COP I HAD IT ON ME BEFORE HE FOUND IT HIMSELF.

    Eric’s Answer

    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.

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  • Florida Adjudication Withheld Firearm Civil Rights

    Hi all. When I was 20 in 1980 I was convicted in Pasco County FL on a grand theft charge (just over $300). Adjudication was withheld and I served four years probation. 28 years later I am a small business owner and would like to get a concealed...

    Eric’s Answer

    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 this even becoming an issue or having a full check run just because you are carrying.

    One issue you will have is whether the withheld adjudication was reported to the Feds. If so, AL likely will not recognize the withhold. One loophole that is not full proof but may allow you to get around the issue is to apply for a FL CCW as a non resident. AL currently recognizes CCW issued by FL. I am not aware if there is a specific AL provision regarding the use of a recognized out of state license by an AL resident.

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