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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Question Denied To Purchase A Hand Gun In Florida

    I have a concealed weapons license in florida. I was arrested for lewd and lavcivious conduct (domestic) as stated on my arrest sheet. I entered a plea of nolo contendere to contributing to the dleinquency of a minor. During this case I told my lawyer of my concealed weapons license and asked if this would effect it and he told me no.
    back in Feb. I went to buy a gun at a gun show and was denied when the back ground check was done. I called the FDLE and asked why, according to my lawyer I was legal to carry? FDLE at first told me it was because they did not have the final dispostion on my case and needed to get it from the county. I explained what my dispostion was and was told that if that was correct then I should not have this problem again.
    When I called back a few days later to check, again I was told I was denied. this time because they said I was charged with a misdemeanor crime of domestic violence. when I told my lawyer of this he said this case had nothing to do with domestic violence and I entered a plea to a non-violent, non-domestic violence misdemeanor. FDLE told me that once a case starts out domestic it stays domestic and thats why I was denied.
    so I asked FDLE if that means I'm not able to carry concealed anymore? they did not say yes or no, just that they denie people all the time who have concealed licenses. and that they do not issue the license, the dept. of AG. does.
    so I asked for the state statute that they are denieing me from and they could not give me it( as far as once it starts domestic it stays domestic)
    they could only say that it is not state law but Federal law and Federal law superceeds state law. they gave me US Code title 18, ch.44 and the Brady law. I did some research and attached what I found below.
    I'm left with two very important questions.
    Question 1: should I have been denied to purchase the hand gun?
    Question 2: Am I still legal to carry concealed.

    The 2007 Florida Statutes
    Title XLIIIDOMESTIC RELATIONS Chapter 741MARRIAGE; DOMESTIC VIOLENCE View Entire Chapter

    741.28 Domestic violence; definitions.--As used in ss. 741.28-741.31: (1) "Department" means the Florida Department of Law Enforcement. (2) "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. (3) "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.


    Title XLVICRIMES Chapter 790WEAPONS AND FIREARMS View Entire Chapter

    1790.065 Sale and delivery of firearms.--
    2) Upon receipt of a request for a criminal history record check, the Department of Law Enforcement shall, during the licensee's call or by return call, forthwith:
    (a) Review any records available to determine if the potential buyer or transferee:
    1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23;
    2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm;
    Title XLVICRIMES Chapter 790WEAPONS AND FIREARMS View Entire Chapter

    790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.-- (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: (a) Convicted of a felony in the courts of this state; (b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age; (c) Convicted of or found to have committed a crime against the United States which is designated as a felony; (d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year. (2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored. (3) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    TITLE 18--CRIMES AND CRIMINAL PROCEDURE

    PART I--CRIMES

    CHAPTER 44--FIREARMS

    Sec. 921. Definitions
    (33)(A) Except as provided in subparagraph (C), the term
    ``misdemeanor crime of domestic violence'' means an offense that--
    (i) is a misdemeanor under Federal or State law; and
    (ii) has, as an element, the use or attempted use of physical
    force, or the threatened use of a deadly weapon, committed by a
    current or former spouse, parent, or guardian of the victim, by a
    person with whom the victim shares a child in common, by a person
    who is cohabiting with or has cohabited with the victim as a spouse,
    parent, or guardian, or by a person similarly situated to a spouse,
    parent, or guardian of the victim.


    TITLE 18--CRIMES AND CRIMINAL PROCEDURE

    PART I--CRIMES

    CHAPTER 44--FIREARMS

    Sec. 922. Unlawful acts
    (g) It shall be unlawful for any person--
    (9) who has been convicted in any court of a misdemeanor crime
    of domestic violence,

    to ship or transport in interstate or foreign commerce, or possess in or
    affecting commerce, any firearm or ammunition; or to receive any firearm
    or ammunition which has been shipped or transported in interstate or
    foreign commerce.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied To Purchase A Hand Gun In Florida

    You need to either ask your lawyer these questions and get it straightened out through him, or get a new lawyer to take care of it.

    We're not privy to all of the details of your case, and can't determine whether you're still legal to carry or not.

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Denied To Purchase A Hand Gun In Florida

    I did some research and from how I read the statutes and laws, I still don't understand how they can say it is domestic violence. If both florida statute and federal code give a definition of what domestic violence is, as it pertains to guns or weapons.
    what am I missing?

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