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Old September 4, 2011, 06:50 PM   #1
cchico87
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Concealed weapon permit in florida question

in 1992 i was on probation for 1 year for discharging a fire arm in public, does this disqualify me for a concealed permit being this was 19 years ago
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Old September 4, 2011, 07:00 PM   #2
CheckSixConsulting
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I'm NOT an attorney, but I am an 07 FFL and I run across this type of question occasionally. I've had customers in similar situations have no problem whatsoever passing the "Brady" check to purchase a firearm.

Logically, you shouldn't have a problem getting your CWP, but for real bureaucratic run-around, you should just call the Commissioner of Agriculture's office...

I don't think you'll have an issue, but depending on the exact circumstances, your mileage may vary.... Good luck!
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Old September 4, 2011, 07:03 PM   #3
cchico87
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when ask if convicted of a felony on the app should i answer no
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Old September 4, 2011, 07:20 PM   #4
CheckSixConsulting
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Were you convicted of a felony, or was adjudication withheld? If you were given probation and never actually convicted of a felony, I would say answer "no" but that's why I suggest you call the FL Dept. of Ag. on Tuesday....
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Old September 4, 2011, 07:42 PM   #5
postmaster
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mind if I ask why did u fire a gun??
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Old September 4, 2011, 07:58 PM   #6
Aguila Blanca
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Quote:
Originally Posted by cchico87
when ask if convicted of a felony on the app should i answer no
That would depend on whether or not you were convicted of a felony.

The charge was discharging a firearm in public -- at that time, was this a felony charge or was it a misdemeanor charge? Was the maximum possible penalty more or less than one year? (Not what you were actually sentenced to -- what was the worst the judge COULD have whacked you with?)

And, as Check Six asked above, were you convicted? He seems to think that probation might be indicative of a withheld adjudication. I'm inclined to think that probation can only be imposed following a conviction. However, not only am I also not an attorney, I'm also not a resident of Florida so I'm not up to speed in procedures in FL criminal court.
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Old September 5, 2011, 12:58 AM   #7
cchico87
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the reason for discharging the fire arm ,was young and stupid. i was also told that if your charge was more ten years ago it should not matter
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Old September 5, 2011, 06:03 AM   #8
Aguila Blanca
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Quote:
Originally Posted by cchico87
i was also told that if your charge was more ten years ago it should not matter
Unless you were told that by an attorney whom you were paying for advice on this question, you can (and should) ignore it. Unless the questions says "Have you been convicted of a felony within the past ten years?" there is no ten-year cut-off.

You still haven't told us if the charge was a felony or a misdemeanor, and whether you were convicted or granted some form of accelerated rehabilitation or delayed adjudication. Nobody can answer your questions without knowing the facts of the issue.
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Old September 5, 2011, 09:46 AM   #9
cchico87
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the charge was a felony but it was withheld
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Old September 5, 2011, 11:35 AM   #10
Aguila Blanca
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Contact the clerk of the court where your charges were filed and ask what the record shows the final disposition to have been. If you are still in the same place, it's better to go in personally so you can show identification that you are the defendant. Otherwise, they may not be allowed to tell you anything if it was expunged or otherwise deferred for whatever justification.

Basicaly, you need to find out (a) whether or not you were convicted, and (b) if you were convicted, was the conviction expunged.
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Old September 7, 2011, 01:02 AM   #11
ClydeFrog
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Florida; Mylicensesite.com

I'm not a lawyer or a legal expert but you may want to check www.handgunlaw.us www.mylicensesite.com www.NRA.org www.gunlawguide.com .
I'd suggest obtaining a copy of your state law enforcement records or have your local PD run a detailed background check. This may cost $5.00-$10.00.

I'm almost 100% sure most CONUS law enforcement agencies have jacked up the rates in recent years too.
Fingerprint cards use to run $5.00 now they cost $10.00 each!
Thanks President Obama!
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Old September 9, 2011, 07:51 AM   #12
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As mentioned above, few post up, the simplest (well maybe not) thing to do is contact the clerk of court where all this took place and have them look up the 'conviction'.. and then also what the current level this is for that state.... if it is a not a felony then I would then leave it off of the application.... if it is questionable or a yes, then I would put it on the application.

I listed a conviction on my florida application and they sent me a letter telling me what I needed to do to clear this up... which was do what I listed above.... if I had done this before hand it would have been simpler because I would not have even listed the arrest on my application.

I suspect your troubles 10 years ago is not listed as a felony... but I'm not a lawyer or a judge... then again I've gotten advice in the past from both that was wrong... so, everything is a gamble.
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Old September 9, 2011, 09:46 AM   #13
GoOfY-FoOt
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On the application for a Florida Concealed Weapons Permit, the section regarding criminal history, specifically states that "adjudication withheld" on a felony charge does not preclude eligibility. But, there must have elapsed, a period of 7 years (IIRC) since the final disposition of the case.
You will also be directed to attach a certified copy from the clerk of courts in the county where you were charged, regarding that disposition, to your application.

If you go to your local courthouse/tax collector's office, you can obtain a CWP packet, free of charge. It contains complete instructions inside...

Good luck.
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