Charges were dropped by the other person, I was never convicted nor went to trial, it's a misdemeanor case that involved my ex boyfriend in 2009. My ex took my child away from my home without my consent and he had no rights which is what cause an argument between us. I'm just wondering are my rights to bear arms prohibited because of this?
I am unaware of why you could not lawfully possess a firearm if charges were dropped against you. Unless you are a convicted felon, I do not see why this case per se, would not permit you to possess a firearm.
Please understand that any information provided to you by Joseph A. Matera II is not to be construed or confused as legal advice. It is not. Additionally, no attorney-client relationship exists between the questioner and Joseph A. Matera II by Joseph A. Matera II merely answering your question on Avvo.
This incident does not affect your ability to possess or own a firearm. A misdemeanor battery, domestic or not, will not affect your right to own a firearm even if you were convicted. Only a felony conviction will revoke your right to bear arms.
Your record will show an arrest on the domestic violence charge, but that the charges were dropped. If this is your only involvement with the criminal justice system, you should be eligible to expunge the arrest from your record. Contact a criminal defense attorney in your jurisdiction.
Yes, you can purchase a firearm (if you've accurate represented your past).
As to getting a CCW permit, take the "test" at the following link and you will have your answer:
Please see: https://licensing.freshfromflorida.com//firearms/prequal_questions.aspx
Then see: http://www.usacarry.com/florida_concealed_carry_permit_information.html
Make sure you follow all rules to the letter.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
No, there would be no legal prohibition to you having a firearm. But if you had been convicted, it would have been unlawful for you to possess or purchase a firearm. See 18 U.S.C. § 922(g)(9) Look up the Lautenberg Amendment for more information on this prohibition.
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