Gun Rights (FL.)

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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

Answers:

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

Answered 11 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, http://attorneypages.com

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 12 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: http://www.lsnv.org/Information_Expungement.pdf

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

Good luck.


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