Defensive Carry banner

1 - 13 of 13 Posts

·
Registered
Joined
·
1,116 Posts
Discussion Starter #1
Hi a buddy of mine plead guilty to this charge here in FL and was wondering how/if it would effect his gun right? I believe this is a misdemeanor not a felony. He lives in Jacksonville and has a CCW permit these are the only details i have thus far. I told him I'd ask here and see what I got for a response,Thanks for any help guys.
 

·
Super Moderator
Joined
·
50,609 Posts
Just exactly what did he do? It seems to me that it's fairly difficult to be charged with "Improper Exhibition"...innocently. IMHO

It's also difficult to comment about such a charge without some additional facts.
 

·
Registered
Joined
·
2,867 Posts
I would think that he and his attorney would have known
a. whether or not it was a felony before he pled
b. the ramifications of such a guilty plea.
 

·
Registered
Joined
·
63 Posts
Hi a buddy of mine plead guilty to this charge here in FL and was wondering how/if it would effect his gun right? I believe this is a misdemeanor not a felony. He lives in Jacksonville and has a CCW permit these are the only details i have thus far. I told him I'd ask here and see what I got for a response,Thanks for any help guys.
Are you related to Homer Simpson?
 

·
Registered
Joined
·
568 Posts
Lets not forget that many misdemeanors also can prohibit a person from buying firearms.

On the form 4473 it asks"Have you ever been convicted or plead guilty to a criminal charge that held a sentence of a year or more?".

Now, this doesn't mean that if you spend a year in jail, you cant buy a firearm. This is worse. This means that if you plead guilty to or were found guilty of a charge that COULD have landed you in jail for a year.
 

·
Registered
Joined
·
22,908 Posts
Doh!

My best guess is that his CCW would be done. He might not be prohibited from owning, but future purchases might be tough.

Thats just a guess on my part. I'm not sure what that charge is or how much weight it carries.
 

·
Registered
Joined
·
80 Posts
Lets not forget that many misdemeanors also can prohibit a person from buying firearms.

On the form 4473 it asks"Have you ever been convicted or plead guilty to a criminal charge that held a sentence of a year or more?".

Now, this doesn't mean that if you spend a year in jail, you cant buy a firearm. This is worse. This means that if you plead guilty to or were found guilty of a charge that COULD have landed you in jail for a year.
Felony = Sentence in jail (prison)for 365+ days.
Misdemeanor = Sentence in jail for less than 365 days.

The wording "Criminal charge that held a sentence of a year or more" is another way of saying felony.
 

·
Registered
Joined
·
1,116 Posts
Discussion Starter #8
Thanks guys from what I can gather this wouldn't prohibit gun ownership. Its my understanding that only violent misdemeanor crimes such as domestic violence for example prohibit gun ownership.

My buddy told me of this in an email but I'd like to get all the details out of curiosity here.
 

·
Super Moderator
Joined
·
4,965 Posts
John Gutmacher explains Improper Exhibition here: Improper Exhibition Of A Firearm Or Oher Weapon

It's a first degree misdemeanor. Not disqualifying for gun ownership, but what is unclear is if it qualifies as a "misdemeanor crime of violence", which would result in a 3 year period of ineligibility for a Florida CWFL.

Your friend would be well advised not to carry until he has (preferably through his attorney) contacted the Dept. of Ag. and verified that his CWFL is still valid following the conviction.

Matt
 

·
Registered
Joined
·
4,269 Posts
Like SIXTO said ' It will effect his CC statuse For AT Leaste (3) years At a min-
nimum, as long as it is'nt a Demestic violence if it is He won't buy no more guns
JMO & IANAL Good Luck & stay out of Trouble ;-)PS I TYPE TOO SLOW You got it MattInFlA!!
H/D
 

·
Registered
Joined
·
452 Posts
Wouldn't the court have pulled his CCW license when he was found guilty if it could?

If the guy has questions, he should contact his lawyer.
 

·
Registered
Joined
·
1,116 Posts
Discussion Starter #12
That was my first thought and my reply to his email was for him to ask his lawyer. But since I'm a nice guy I figured I'd help out here if I could.
 

·
Registered
Joined
·
10,864 Posts
John Gutmacher explains Improper Exhibition here: Improper Exhibition Of A Firearm Or Other Weapon

It's a first degree misdemeanor. Not disqualifying for gun ownership, but what is unclear is if it qualifies as a "misdemeanor crime of violence", which would result in a 3 year period of ineligibility for a Florida CWFL.

Your friend would be well advised not to carry until he has (preferably through his attorney) contacted the Dept. of Ag. and verified that his CWFL is still valid following the conviction.

Matt
WoW^^^^^^^Matt^^^^^

Very informative, good link
Good to know even though I live in Mi..

Definitely makes you wonder about the actual circumstances surrounding this particular case.
It may very well keep someone else from going through this, IF it was a misinterpreted occurrence



"Suppose you were an idiot. And suppose you were a member of Congress.... But then I repeat myself."
Mark Twain
 
1 - 13 of 13 Posts
Top