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Posted: 4/6/2024 4:19:45 PM EDT
[Last Edit: ar154all]
Hypothetically (ahem):
My 21 year old son finishes his pro, adjudication withheld (Florida), but still has an order of protection from the victim.  Three years has not passed.

In terms of firearms, where does he stand?  Can he buy from an FFL, can he buy privately, can I buy for him, can he use my stuff with me at the range?

Thanks

Link Posted: 4/6/2024 4:22:12 PM EDT
[#1]
As long as he’s under a protective order he’s disqualified.
Link Posted: 4/6/2024 4:25:19 PM EDT
[#2]
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Originally Posted By texashark:
As long as he’s under a protective order he’s disqualified.
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From purchase, from use, both?
Link Posted: 4/6/2024 4:30:11 PM EDT
[#3]
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Originally Posted By ar154all:

From purchase, from use, both?
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Originally Posted By ar154all:
Originally Posted By texashark:
As long as he’s under a protective order he’s disqualified.

From purchase, from use, both?

Both. And since you are aware of the protective order, would be a federal crime for you to transfer a firearm to him.
Link Posted: 4/6/2024 5:04:18 PM EDT
[Last Edit: ar154all] [#4]
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Originally Posted By JWnTN:

Both. And since you are aware of the protective order, would be a federal crime for you to transfer a firearm to him.
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Yes.

Thanks for answering

S
Link Posted: 4/6/2024 5:51:00 PM EDT
[#5]
Don't do it.
Link Posted: 4/6/2024 6:06:36 PM EDT
[#6]
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Originally Posted By JWnTN:

Both. And since you are aware of the protective order, would be a federal crime for you to transfer a firearm to him.
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And you don't need to be aware of the prohibited status, the prohibited status doesn't even need to exist, for it to be considered a federal crime to "buy for him".

So that part of your original question is a big fat NOPE.

https://en.wikipedia.org/wiki/Abramski_v._United_States



Link Posted: 4/6/2024 10:29:30 PM EDT
[Last Edit: AdLucem] [#7]
Not sure whether federal law recognizes Florida's "adjudication withheld" as a non conviction... might want to check....
Link Posted: 4/6/2024 10:42:12 PM EDT
[#8]
I’m not a lawyer, but in Florida one of the stipulations of a domestic violence injunction is that the respondent may not possess firearms or ammunition.
Link Posted: 4/7/2024 9:21:53 AM EDT
[#9]
This would be a good read:

https://thefirearmfirm.com/domestic-violence-and-florida-firearm-rights/

Instead of a formal conviction, a Florida judge may opt to withhold adjudication of guilt.  Although a withhold of adjudication has many benefits over a guilty conviction, when it comes to crimes of domestic violence, gun rights are still affected.  Per Florida law, a withhold of adjudication of guilt on any misdemeanor crime of domestic violence will still prohibit an individual from purchasing or carrying a concealed firearm or weapon for 3 years after probation or any other conditions set by the court are completed. This includes the payment of all court costs and fines. FL. Stat. §790.06(2)(l). Once the 3 years are successfully completed, an individual’s firearm rights will be fully and automatically restored.  However, in the case of an actual conviction, the path to restore an individual’s firearm rights is much more limited.  In Florida, a conviction for domestic violence generally cannot be sealed or expunged. Instead, Clemency is required to restore the specific right to own and possess a firearm.  The Clemency process is extremely lengthy and is often difficult to obtain.  Hence, a domestic violence charge can have permanent effects on your second amendment right to bear arms.
Link Posted: 4/7/2024 10:48:14 PM EDT
[#10]
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Originally Posted By PepePewPew:


And you don't need to be aware of the prohibited status, the prohibited status doesn't even need to exist, for it to be considered a federal crime to "buy for him".

So that part of your original question is a big fat NOPE.

https://en.wikipedia.org/wiki/Abramski_v._United_States



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It is legal to buy a firearm for some as a gift as long as they aren't prohibited
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