Legal Question in Criminal Law in Florida

49 years ago I was a minor and was charged with a fenoly but it was dropped to a misdemeanor can I buy a firearm in FL. Venice, FL

I was originally charged with assault In (1965). My attorney got it changed to a misdemeanor.I received 1 month probation.I was told by my attorney that this record would go away if I was good for 4yrs and would never show on my record also I would never have to say that I was ever arrested as a felon.I have been good for 49yrs only a couple of speeding tickets.I lived in CT when these charges happened.I had no problem getting into the USMC in 1966 (no waver needed).I have held a TOP SECRET clearance.I have been bonded for my employer. I have bought firearms in CT and Mass.I even had a permit to carry in Mass1990-1992. I moved to Fl in 1992 and have never wanted to buy a firearm.Last week I went to buy one and I was denied! Have I always been a felon because my attorney messed up 49 yrs ago. I would call him but he has died many years ago My question is why am I being denied now after all these years? Dose the Brady Act have anything to do with this?

Thank you


Asked on 7/20/12, 9:15 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your question is close to the record for one of the oldest charges they have an issue with. Anyway, to answer your question, if you were only charged with a misdemeanor, then you are probably allowed to carry a firearm. The only exception is misdemeanor domestic battery or domestic assault. This is a federal law that came into being sometime in the mid-1990s. So, it is possible that it is just now applying to you since you haven't tried to apply for a gun since then. That said, it could just be a mistake somewhere in the background check. Find out why you were refused and then you can see what the remedy should be. Other than that any answer given here would be speculation.

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Answered on 7/21/12, 9:22 am


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