I'm being denied a GWL. Need a Attorney.

Discussion in 'General GWL Questions' started by herron, May 6, 2017.

  1. herron

    herron Member

    137
    0
    16
    Need an Attorney.
     
    Last edited: May 6, 2017
  2. NTA

    NTA Well-Known Member

    6,481
    46
    48
    Lots of them out there.
     

  3. Adam5

    Adam5 Atlanta Overwatch

    13,288
    60
    48
    You didn't give us s lot to go on, but reach out to JRM on this forum.
     
  4. Casual User

    Casual User Member

    141
    0
    16
    I think everyone needs an Attorney. If you can afford it, you might want several. Sharing an Attorney is inefficient, and in some cases downright unsanitary.*

    * I stole that line from Bob Steed.
     
  5. herron

    herron Member

    137
    0
    16
    Ok short version. I was arrested in Florida 2009 on a felony charged it was reduced to a misdemeanor which ended with adjudication withheld after I completed a program. Which means I was never adjudicated guilty. Plus the misdemeanor does not a disqualify me from getting a GWL even if I was guilty. The probate judge sees I was arrested for a felony and none of the paperwork I have says what happen to the charge except it was transferred to county court where it was change to misdemeanor.

    I had gotten my GWL in 2012 from the previous Probate Judge who sent it to NICS and I passed and got my license it since expired and now trying to get it with the new probate judge.

    If I can go buy a gun and pass the background check shouldn't I still be able to get a GWL? Probate judge has not sent it to the NICS yet
    and says he is going to deny it without it going to NICS.
     
    Last edited: May 6, 2017
  6. ForsythGlock

    ForsythGlock Member

    811
    12
    18
    Just curious - what county?
     
  7. herron

    herron Member

    137
    0
    16
    Probate Judge - Murray Co.
    Incident - Escambia Co.
     
  8. UtiPossidetis

    UtiPossidetis American

    2,653
    150
    63
    Hmm...,their website says:

    "Be aware that prior convictions for certain offenses will disqualify you from obtaining a firearms license. Some of those offenses include, but are not limited to, convictions arising out of domestic violence, weapons violations and any drug related offenses, whether felony or misdemeanor."

    I wasn't aware that misdemeanor drug offenses disqualified one from owning weapons.
     
  9. herron

    herron Member

    137
    0
    16
    It wasn't a disqualifying charge. And I was never Adjudicated Guilty of any crime.
     
  10. budder

    budder Moderator Staff Member

    That quote is for obtaining a license, not owning weapons
    16-11-129:
    (2) No weapons carry license shall be issued to:
    (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:
    (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or
    (ii) Any conviction under subparagraphs (E) through (G) of this paragraph
    for at least five years immediately preceding the date of the application;

    (J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;
     
  11. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,699
    36
    48
    My gut feeling is that you need to contact the court in Escambia County and get a final disposition of your case. Governments excel at entering arrest and charge data but sometimes seem a bit lax on entering final dispositions for cases.

    As you weren't convicted of any a felony, much a misdemeanor then there should be no disqualifies, you just need to provide proof that you had adjudication withheld and have no convictions.

    *Fair warning it that I'm the furthest thing from an attorney, even on the radio. But on the other hand, I had a similar situation when renewing my license once as I needed proof of the final disposition of something.*
     
  12. ber950

    ber950 Active Member

    3,562
    2
    38
    Falls has the answer. You most likely won't actually need an attorney, but contact JRM anyway.
     
  13. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

    979
    11
    18
    FL law

    I am an attorney, and I know this may sound self-serving but: I think you will need an attorney.
    You need to convince the Georgia probate judge that a Florida disposition called adjudication withheld is not a conviction and does not render you in eligible to possess a weapon under Florida law .
    Then you may need to argue that the full faith and credit clause applies, and that this Georgia court can't consider what happened in Florida to be a conviction when Florida is own law doesn't consider it a conviction.
     
  14. jrm

    jrm Sledgehammer

    3,458
    1
    38
    Adjudication withheld in FL is a non-conviction under FL law. No FF&C argument needed, because there was no conviction.
     
  15. herron

    herron Member

    137
    0
    16
    After I gave the new probate judge my court papers and attorney's phone number in Florida I got a call that he approved my license and pick it up in 2 weeks. After 6 weeks of paperwork and phone calls. Last time it took me 2 weeks to get my license. Now hopefully it will be 2 weeks when I get a renewal in the future until a new probate judge get elected the it will start all over again.
     
  16. UtiPossidetis

    UtiPossidetis American

    2,653
    150
    63
    Congratulations. A positive outcome and it didn't take actual Court time for you and a lawyer. Hopefully the judge also learned something that will benefit another citizen.
     
  17. Feral

    Feral Active Member

    1,455
    5
    38

    Great! I'm glad to see things worked out. I've been quietly following this to see if it was resolved.
     
  18. awanatech

    awanatech Active Member

    960
    53
    28
    Congratulations on getting that worked out. I'm glad that you were able to get it handled relatively easily.
     
  19. Davers

    Davers Member

    73
    0
    6
     
  20. Davers

    Davers Member

    73
    0
    6
    That 2 ed misdemeanor drug conviction & the "5" years still confuses me. As I have 2 convictions the last being in 2006.