What's Up Sheepdogs? Ryan here with Tampa Carry.

A common question that we receive is "Can I Get a Florida Concealed Weapons Permit with a Withheld Adjudication?"

Adjudication Withheld Felony

If you had an adjudication withheld or imposition of sentence suspended on any felony, you are NOT eligible to apply for a Florida concealed carry permit until;

• Three years has passed since your probation has ended

• Three years has passed since the conditions set by the court have been fulfilled

• Or the withheld adjudication as been expunged

Adjudication Withheld Misdemeanor Florida

In the state of Florida there are two types of withheld adjudication that would prohibit you from obtaining your Florida concealed carry permit.

If you had an adjudication withheld or imposition of sentence suspended on a misdemeanor crime of domestic violence or a misdemeanor crime of violence, you are NOT eligible to apply for a Florida concealed carry permit until;

• Three years has passed since your probation has ended

• Three years has passed since the conditions set by the court have been fulfilled

• Or the withheld adjudication as been expunged

The Only Way to By Pass The 3 Year Waiting Period...

There is only one way that a person can bypass the three year waiting period. To accomplish this you would need to have the withheld adjudication expunged from your record.

Having a withheld adjudication expunged from your record is not an easy process. If you choose to travel down this path I would encourage you to hire a qualified legal team.

Can You Own a Gun With a Withhold of Adjudication?

As Florida judges have the ability to decide to withhold adjudication in criminal matters, which means that a person who pleads “no contest” or “guilty” to a crime will not be considered a convicted felon, there are different rules that apply to that individual in regards to their right to own a gun. But it’s tricky.

According to Florida law, a person who has a withholding of adjudication may possess a firearm--but only after they complete their probation.

There has been a lot of confusion over this, however, because until recently, a person with a withholding of adjudication could still be prosecuted for possession of a firearm by a convicted felon--in the FEDERAL court. 

HOWEVER--in 2015, this went to the 11th Circuit Court of Appeals who upheld the federal law, but then instructed the Florida Supreme Court to reexamine the Florida law. 

THE FINAL WORD: After Florida Supreme Court review, under current Florida law, someone with a withholding of adjudication CAN own a firearm if it has been three years since all the conditions set by the court have been fulfilled OR your case has been expunged. 

That's all I have for today. So until next time keep training and stay safe...

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...