Restoring Your Gun Rights After Misdemeanor Battery: What…

Restoring gun rights can often be tricky. If you’ve wrapped up your probation for a misdemeanor battery charge in Florida, you might be wondering if you still have your gun rights. The rules around this can be a bit tricky, mixing both state and federal laws. Let’s break it down into easier terms to help you figure it all out.

Understanding Misdemeanor Battery

In Florida, misdemeanor battery means you either intentionally touched or struck someone against their will or intentionally caused them bodily harm. It’s considered a first-degree misdemeanor, which means it can lead to penalties like up to one year in jail, probation, and fines.

Impact on Your Gun Rights

Now, there are some federal laws in play here. If you are convicted on a misdemeanor battery charge which is linked to domestic violence, you’ll be barred from having a gun. This is a lifetime prohibition, even if you’ve finished your probation. However, if your battery charge isn’t related to domestic violence, those federal restrictions won’t apply.

In Florida specifically, your gun rights aren’t automatically taken away just because of a misdemeanor battery, unless you are convicted in a domestic violence case. Just like under Federal law, a conviction for misdemeanor battery involving domestic violence will cause you to permanently lose your gun rights.

Restoring Gun Rights After Misdemeanor Battery

A conviction for misdemeanor battery which does not involve domestic violence does not take away all of your gun rights. However, it will still prevent you from being able to get a concealed carry license for three years. Fortunately, Florida law allows a judge to “withhold adjudication of guilt,” which allows the court to punish you without formally convicting you of the crime.

If the Court withholds adjudication of guilt, you will still not be able to get a Concealed Weapon and Firearms License unless three years have elapsed since probation or other conditions set by the court have been completed, or your record has been expunged. Further, you will not be able to conceal carry under Florida’s permitless carry law.

Seeking Legal Help

It’s important to make sure there aren’t any other legal hiccups that might stop you from getting your gun rights back. It’s a good idea to talk to a legal expert who can confirm everything for you and guide you through any extra steps you might need to take. The expert gun law attorneys here at American Gun Trader are always happy to answer your questions and help you restore your rights. Call us today to discuss your unique facts and situation.

Conclusion

To sum it all up, whether you can get your gun rights back in Florida after completing probation for a misdemeanor battery depends on the nature of your offense. For non-domestic violence charges, your rights are typically restored three years after probation ends and all conditions set by the court are completed. But for domestic violence-related convictions, you’ll need to go through more legal steps. Always reach out to a legal professional to get the best advice and ensure you’re following all the necessary procedures.

"Restoring gun rights can often be tricky."
– The Firearm Firm