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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23581
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a nonviolent restraining order in new Jersey in 1995.

Customer Question

I had a nonviolent restraining order in new Jersey in 1995.
By my ex wife.
She had the court through an attorney have the restraining dismissed in 2005.
I now moved to Florida and desire to obtain a concealed carry permit.
I have all Court paperwork including Court ordered dismissal.
Can I obtain permit in Florida
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 5 months ago.

Was this a criminal or a civil restraining order?

Expert:  Zoey_ JD replied 5 months ago.

I was hoping to get some clarification from you about the nature of the order, however, I will give you a preliminary answer now. If it does not address your specific concerns, please respond to this question thread with more information and I will amend or expand my answer.

If you have ever been convicted of a felony or misdemeanor crime of domestic violence, you have lost your Federal gun rights. Under the Violence AGainst Women Act and the Lautenberg Amendment, the loss of your Federal rights are for life. Without Federal rights, you would not be able to obtain a permit anywhere, as you would not be able to clear a NICS check.

If, on the other hand, the restraining order against you was a civil rather than a criminal order (meaning you were never charged with a crime but instead the order of protection was issued in civil or family court after a hearing), and that order is no longer in effect because it was dismissed, then your gun rights are still intact and you should qualify for a permit.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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