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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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If i plead no contest to 16-01876mmaws discharge firearmin

Customer Question

if i plead no contest to 16-01876mmaws discharge firearmin public/res property will i forfeit my concealed carry permit
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.

Hello. I will help you with your question. I have been an attorney for 27 years and a prosecutor for 9 years. Can you tell me what state you are in so I can research this for you?

Customer: replied 6 months ago.
florida
Customer: replied 6 months ago.
the no contest is part of a plea deal
Expert:  Colleen Grady replied 6 months ago.

In Florida, a “no contest” plea is a conviction and it can impact your weapons permit. This plea will stay on your criminal record as a conviction. Basically, with this plea, you are not admitting to the crime, but you are telling the court you do not want to go to trial.

Under Florida law, you could have your license revoked. Here is what the law states:

790.06 License to carry concealed weapon or firearm.

(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.

I made sure I researched this thoroughly. You may have to wait 3 years after this plea to apply for a new license.

Please let me know if you have more questions. If you are satisfied with my help, please rate me.

Customer: replied 6 months ago.
this is not an act of violence
Expert:  Colleen Grady replied 6 months ago.

A crime involving a firearm is considered a violent crime. I will opt out to let another expert confirm this or give more advice on the understanding of this.

Expert:  Samuel II replied 6 months ago.

Hello

This is Samuel. Can you please specify what is the statute you are charge with?

Customer: replied 6 months ago.
discharge firearm in public/res property, 1 m 16-01876mmaws florida
Customer: replied 6 months ago.
i shot a pistol into the air
Customer: replied 6 months ago.
are you going bto answer me
Expert:  Samuel II replied 6 months ago.

Thank you

So while the discharge of a firearm may be a "violent" crime, it is not a "Crime of Violence". And so unless the sentence for the misdemeanor is a possible more than 1 year, then your permit should not be affected unless of course this was in the course of a Domestic Violence situation.

Expert:  Samuel II replied 6 months ago.

"Crimes of violence" constituting a misdemeanor may include but are not limited to, assault, battery, stalking, or an attempt or conspiracy to commit any of the foregoing offenses. Your charge is a misdemeanor 1 and that possible penalty is up to 1 year. It does not exceed one year.