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LegalEagle1, Criminal Lawyer
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I have felony charge in Florida on which I received a withhold

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I have felony charge in Florida on which I received a withhold of adjudication for. I completed my probation with no incidents and was granted early termination after serving about 3 years of the 4 year probation term. The charge is aggravated battery with a deadly weapon so it would be impossible to expunge it. I have had zero run ins with the law since and am 100% on the straight and narrow.
I currently live in Arizona (Coconino county) and would like to investigate my right to bare arms in this state and any other outside FL. I know that in Florida I simply had to wait 3 years after completing probation before I was legally restored this right (its been 2.5 years) but I am unsure how this translates to Arizona or any other state.
Am I currently aloud to own a firearm in AZ or do I need to wait the 3 years as per FL law, or will I never be aloud to own a firearm in this state? Will I ever be aloud to own a firearm in any state outside FL? Would it be lawful to purchase one at a gun show, avoiding the background check, or would this be illegal? I do NOT want to purchase one through a private dealer and find out later that I am in possession of it illegally.
Thanks you
Hello and welcome to JustAnswer. I would like to assist you with you question today.

I hate to be the bearer of bad news but the United States Court of Appeals has consistently held that a guilty plea to a Florida state felony offense and a withholding of adjudication constitutes a predicate conviction under 18 U.S.C. §922(g). See United States v. Orellanes, 809 F.2d 1526 (11th Cir. 1987). The court has revisited this issue a few times and has yet to overturn a weapons charge where the person is still prohibited to possess a firearm in Florida. I could not find a case which addressed where Florida had restored the persons right to possess a firearm. Because there are no published decisions, that is a strong indication that the federal government recognizes the restored rights and does not prosecute those cases.

Arizona statute does not contain a prohibition against having a firearm where a persons rights have been restored in another state after an adjudication has been withheld.

You should wait until you have rights restored in Florida and then request a federal background check to see if the federal government blocks the purchase. If they do, then you will want to contact them to make sure they know your rights have been restored in Florida.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 3 years ago.

Does Florida automatically restore my rights or is there a process I have to go through? Also where would I request a federal background check?

You would need to file a motion with court in Florida asking to have the records sealed and rights restored.

You can call the National Instant Criminal Background Check System (NICS) Customer Service Department at 1-877-FBI-NICS (324-6427) and ask them what is on your record.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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