Understanding Gun Rights and Withhold of Adjudication in Florida

Receiving a withhold of adjudication in Florida can leave you wondering about your gun rights. Many people assume that because they were not formally convicted, they automatically retain their right to own or carry a firearm. Unfortunately, the answer is not that simple. Whether you can legally own a gun after receiving a withhold of adjudication depends on the type of offense, state and federal laws, and additional conditions placed on your sentence.

What Does Withhold of Adjudication Mean in Florida?

Under Florida Statutes § 948.01, a withhold of adjudication occurs when a judge finds a defendant guilty but does not formally convict them. This sentencing option allows individuals to avoid certain consequences of a conviction, such as a criminal record or mandatory penalties.

A withhold of adjudication may be granted for many misdemeanor and felony offenses, including some theft, drug, and assault charges. However, serious felonies and certain violent crimes may not qualify.

Does a Withhold of Adjudication Affect Gun Rights?

Gun rights after a withhold of adjudication depend on two key factors: Florida law and federal law. Even if Florida allows you to possess a firearm, federal law could still prohibit you from doing so.

Florida Law on Gun Ownership After a Withhold of Adjudication

Florida law generally does not treat a withhold of adjudication as a conviction. However, there is an important exception for felony offenses.

  • If you received a withhold of adjudication for a felony, you are prohibited from possessing a firearm until your civil rights have been restored.
  • If you received a withhold for a misdemeanor (except domestic violence), your gun rights are not affected.

Under Florida Statutes § 790.23, a person convicted of a felony is prohibited from possessing a firearm. Even though a withhold of adjudication is not technically a conviction, Florida treats it as such when it comes to firearm restrictions.

Federal Law on Gun Ownership After a Withhold of Adjudication

Even if Florida law does not prohibit you from owning a gun, federal law might. The Gun Control Act of 1968 (18 U.S.C. § 922(g)) prohibits firearm possession by individuals who have been convicted of crimes punishable by more than one year in prison.

The problem is that federal law does not always recognize Florida’s withhold of adjudication as distinct from a conviction. If you were charged with a felony and received a withhold, federal law may still treat you as a convicted felon, which would prohibit you from owning a firearm.

Gun Rights for Specific Offenses and Sentencing Conditions

Felony Withhold of Adjudication

  • If you received a withhold of adjudication for a felony in Florida, you cannot legally possess a firearm unless your civil rights, including firearm rights, have been restored through clemency.
  • Even after completing probation, you must apply for clemency to regain your gun rights.

Misdemeanor Withhold of Adjudication

  • Most misdemeanor offenses do not impact gun rights.
  • However, a misdemeanor domestic violence offense can still trigger a federal firearm ban under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), even if you received a withhold of adjudication.

Probation and Firearm Restrictions

  • If you are on probation after receiving a withhold of adjudication, you are typically prohibited from possessing a firearm until probation is completed.
  • Violating this condition can result in revocation of probation and additional charges.

Restoring Gun Rights After a Withhold of Adjudication

If you received a withhold of adjudication for a felony, your gun rights are restricted. However, there are ways to restore them:

Applying for Clemency in Florida

Under Florida Statutes § 940.05, individuals can apply to the Florida Office of Executive Clemency to have their civil rights restored, including the right to own a firearm.

To qualify, you must:

  • Complete all sentencing terms, including probation.
  • Wait the required time (typically 8 years for firearm rights restoration).
  • Have no additional criminal convictions during the waiting period.

Expungement and Firearm Rights

Expunging a record under Florida Statutes § 943.0585 removes a charge from public view but does not automatically restore firearm rights. If a felony withhold is expunged, you still need clemency to legally own a gun.

Common Misconceptions About Withhold of Adjudication and Gun Rights

Many people believe that if they were not convicted, they can legally own a firearm. While this is true for some offenses, the following misconceptions often lead to legal trouble:

  • "I completed probation, so I can own a gun."

    • False. Completing probation does not automatically restore firearm rights after a felony withhold.

  • "I have a withhold of adjudication, so I’m not a convicted felon."

    • Technically true, but federal law may still classify you as one for firearm purposes.

  • "I can buy a gun if I pass a background check."

    • False. Even if a state-level background check clears you, federal checks can still flag your case.

Understanding these nuances is critical to avoiding potential firearm possession charges.

Call to Action

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

Florida Withhold of Adjudication FAQs

Can I own a gun if I received a withhold of adjudication for a felony?
No. Under Florida law, a withhold of adjudication for a felony still results in firearm restrictions. You must have your civil rights restored through clemency before you can legally own a firearm.

Does federal law recognize a withhold of adjudication?
Not always. Even if Florida does not classify a withhold of adjudication as a conviction, federal law may still consider you ineligible to possess a firearm, especially if the offense was a felony or domestic violence-related.

Can I get my gun rights back if I had a felony withhold of adjudication?
Yes, but you must apply for clemency through the Florida Office of Executive Clemency. There is typically an 8-year waiting period after completing probation before you can apply.

Does a misdemeanor withhold of adjudication affect my gun rights?
Usually not. However, a misdemeanor domestic violence charge can still result in a federal firearm ban, even if adjudication was withheld.

What happens if I try to buy a gun after receiving a withhold of adjudication?
If you are prohibited from owning a firearm and attempt to buy one, you could face federal charges for making a false statement on a firearm application.

Can I possess a gun while on probation after a withhold of adjudication?
No. If you are on probation, possession of a firearm violates your probation conditions and could lead to new criminal charges.

If my record is expunged, can I own a firearm?
Expunging a record does not automatically restore firearm rights if you had a felony withhold of adjudication. You would still need clemency to legally possess a gun.

Can a background check reveal a withhold of adjudication?
Yes. Even though a withhold is not a conviction, it remains on your record unless it is sealed or expunged. Federal agencies may still flag it in background checks for firearm purchases.

What should I do if I am unsure about my gun rights after a withhold of adjudication?
Consult with a qualified attorney who understands Florida firearm laws. A legal misstep can result in serious criminal charges, even if you believed you were acting legally.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.