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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23941
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a felony with judification in florida i have all my

Customer Question

I have a felony with judification in florida i have all my rights and i cant buy a gun til 3 years after probation ended but can i legally possess one if it is gifted to me
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Florida and the felony was judification withheld ,so im not a convicted felon
JA: Have you talked to a lawyer yet?
Customer: Nope
JA: Anything else you think the lawyer should know?
Customer: Nope
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hello,

No, you have to wait the full three years to have anything to do with guns. If you have no right to buy one, you have no right to possess one either at this time. Please note that the Federal government considers adjudication withhelds to be convictions for purposes of their second amendment right. The Federal government will not restore Federal rights unless a former offender has all of his civil rights restored, including his full gun rights, and the felony set aside, pardoned or expunged.

That means even though Florida will allow you state rights in 3 years, you have no rights under Federal law and under the right circumstances, if Federal officers ever found your guns you could still be prosecuted.

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.

Customer: replied 4 months ago.