Expert: Dan Haynes - 6/29/2011

Question
I plead guilty under article 893 to a cocaine residue charge in 2007 in Louisiana.  I am going in august to get an expungement.  Louisiana has given me a first offender pardon.  I have been living in Florida for over 4 years now. I want to get my gun rights back but have realized that getting a license like a cwp is going to be a hassle.  I have been reading and have seen that if i have been felony free for 3 years after my conviction i can own a gun in Florida.  is this true?  

questions
#1 what should i ask my lawyer to do in preparation before my hearing for my expungement?

#2 will i have to restore my rights in Louisiana before buying a gun in Florida?

#3 if i try to buy a gun in Florida will i be charged with a felony?

#4 is there any place to go that i can fill out a questionnaire and see if i can own a gun?

#5 should i submit for an FBI background check to see what is on my record?

#6 do you have any other suggestions for me?

Thanks in advance

Peter

Answer
Peter,

Ask your lawyer this questions:

If Louisiana has given you a pardon, why do you require an expungement hearing?

IMHO: Your rights fall under federal firearm laws and state laws too. If your record is cleared by pardon or expungement, you should be able to buy a gun.

If you try and buy a gun in Florida or anywhere else you have to fill out form 4473 and based on your answers to the questions, you will pass or fail the background check.

You can have your local law enforcement run an FBI check on you. Run that past your attorney.

If you have an attorney, use him/her to answer more in depth questions.

Best regards,

Dan