Gun Rights (FL.)

UPDATED: May 31, 2009

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Gun Rights (FL.)

I currently have 2 felonies that were dismissed in the state of Virginia. I was curious as to my right to own a gun. I’ve read that convicted felons have their rights stripped. However I voted in the last election with no problems and understand that a dismissal restores my rights. Thank you in advance.

Asked on May 31, 2009 under Criminal Law, Florida


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were never convicted, you never lost your rights in the first place.  You should probably talk to a lawyer back in Virginia about whether your arrests (if any) still have to be disclosed, and, if so, if there's any way to get the arrest records removed.  One place to look for an attorney is our website,

I'm not a Florida attorney, and without all the facts of your case, I can't say exactly how your dismissed charges would affect your rights under the firearms law in your state.  A lawyer in your area will be able to fill you in.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

As long as you were not convicted of a felony Florida law permits you to own a gun.

As for your dismissed felonies, there is a process known as "expungement" and under the facts of your case it seems that it would be available to you.  Through this procedure you would in effect be left with a clean criminal record.

I've provided a link for your review:

Your best bet is to speak with an attorney in Virginia; many times the charge for this is minimal.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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