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open carry with an adjudication withheld?

K

kallnad

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Joined
Mar 28, 2012
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Location
spruce pine, north carolina
I have an adjudication withheld in Florida. As of now I can buy(through private sale only) and poses firearms and have recently moved to North Carolina. My question is if, with my adjudication withheld, i can open carry in this open carry state.
 
LiberalOCarrier

LiberalOCarrier

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Mar 12, 2012
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Indianapolis, Indiana
kallnad said:
I have an adjudication withheld in Florida. As of now I can buy(through private sale only) and poses firearms and have recently moved to North Carolina. My question is if, with my adjudication withheld, i can open carry in this open carry state.

Yes, you can as you are not a convicted felon. Ajudication withheld means you are no different than anyone else. I have a friend with the same issue from Jax, Fl, and their were no restrictions on handgun purchases at all for him.
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HankT

HankT

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kallnad said:
I have an adjudication withheld in Florida. As of now I can buy(through private sale only) and poses firearms and have recently moved to North Carolina. My question is if, with my adjudication withheld, i can open carry in this open carry state.
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What is the criminal charge for which adjudication was withheld?
 
skidmark

skidmark

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Jan 15, 2007
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Valhalla
Would someone please provide a citation (link to statute preferred) showing why this guy can or cannot OC despite the ajudication withheld.

And if I'm not mistaken the question of whether or not he is still within the time he could be brought back for sentencing is rather vital to the answer. If that time has expired, it is time to start the paperwork to expunge the charge.

stay safe.
 
C

cloudcroft

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Jan 13, 2007
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Location
El Paso, TX (formerly Colorado Springs, CO)
In Texas deferred adjudication is a problem for getting one's CHL (we don't have OC here so that point is moot, but if they DID have OC here, it probably still would apply).

Texas has 14 "disqualifiers" (that's a lot, and there WERE 15: Owing any school loans was finally dropped) for getting one's CHL -- here is disqualifier # 2:

A Texas Concealed Handgun License may be issued to any person who:
2. Has not been convicted of a felony, including a deferred adjudication.

Maybe other states follow this but of course, you'd need to check YOUR state of residence.

Still, D-A DOES seem to be a common problem...especially for someone who did something LONG ago (YEARS), never went further in the court system afterwards and went straight (no more legal trouble) since that time.
 
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K

kallnad

New member
Joined
Mar 28, 2012
Messages
3
Location
spruce pine, north carolina
I have completed all probation and have been released. And as of now I cannot get a ccw licence or buy from an ffl dealer until three yeas after my probation release date. The charge was child abuse but I hold no conviction. I took the charge and the adjudication withheld along with three years probation as a plea because at the time it was basically my word against theirs and i took the safe road. Let me also state that i completed all treatment and passed all three polygraphs administered stating that I did not commit said charges but as we all know polygraphs are not admissible so eh what you gonna do?
 
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