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Florida Disqualification


IF YOUR ANSWER IS “YES” TO ANY OF THE 10 QUESTIONS LISTED BELOW, YOU ARE NOT ELIGIBLE FOR A FLORIDA CONCEAL CARRY PERMIT OR WILL NEED TO PROVIDE APPROPRIATE DOCUMENTATIONSDURING THE APPLICATION PROCESS.

QUESTION 1
If you have been convicted of a felony as described in section 790.23, Florida Statutes, and the felony conviction occurred within the State of Florida, your civil rights and firearm rights must be restored by the Florida Office of Executive Clemency in order to qualify you for a Florida concealed weapon license. Felony convictions occurring in another state require restoration of civil and firearm rights by the state in which the conviction occurred. If you were convicted of a felony under federal law, you must have a presidential pardon or have been granted relief from federal firearm disabilities through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). If your civil rights and firearms rights have not been restored as described above, or if you cannot provide proof of restoration of civil rights and firearms rights, you are not eligible for a Concealed Weapon or Firearm License.

QUESTION 2
If you have had ADJUDICATION OF GUILT WITHHELD OR IMPOSITION OF SENTENCE SUSPENDED ON ANY FELONY OR MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been sealed and expunged). If you answer YES to this question, you must submit a copy of the document issued by the court or probation office evidencing completion of probation or other court-imposed conditions. Alternatively, you can submit a copy of the court document ordering that the record be sealed and expunged.

QUESTION 3
If you have been FOUND GUILTY OF, HAD ADJUDICATION OF GUILT WITHHELD FOR, OR HAD IMPOSITION OF SENTENCE SUSPENDED FOR ONE OR MORE MISDEMEANOR CRIMES OF VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been sealed and expunged). If you answer YES to this question, you must submit a copy of the document issued by the court or probation office evidencing completion of probation or other court-imposed conditions. Alternatively, you can submit a copy of the court document ordering that the record be sealed and expunged.

QUESTION 4
If you have been CONVICTED OR FOUND GUILTY OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license. Owning or possessing a firearm by one who has been convicted of a misdemeanor crime of domestic violence is also punishable under federal law §18 USC 922.
A misdemeanor crime of domestic violence includes any misdemeanor conviction or suspended sentence involving the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. Examples include, but are not limited to, spouse abuse, battery/domestic violence, child abuse, assault, etc. A person shall not be considered to have been convicted if the conviction or suspended sentence has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the convicting state provides for the loss of civil rights upon conviction of such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not possess or receive firearms.

QUESTION 5
If you have been issued an injunction that is currently in force and effect that restrains you from committing acts of domestic violence or acts of repeat violence, you are NOT ELIGIBLE for a Florida concealed weapon license. The Division will suspend the processing of your application until you submit certified court documents showing that the injunction has been dissolved or dismissed.

QUESTION 6
You are NOT ELIGIBLE for a Florida concealed weapon license if any of the following conditions applies to you: (1) you have been adjudicated incapacitated under section 744.331, FS, or similar laws of any other state; (2) you have been committed to a mental institution in accordance with the provisions of Chapter 394, FS, or similar laws of any other state; (3) you have been adjudicated mentally defective or incompetent in any court. Your eligibility for licensure would be restored only if you had received relief from federal firearms disabilities through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

QUESTION 7
You are NOT ELIGIBLE for a Florida concealed weapon license if you answer YES to any one of these questions pertaining to committal for controlled substance abuse, committal for alcohol abuse, or DUI conviction DURING THE THREE YEARS PRECEDING THE DATE ON WHICH YOU SUBMITTED YOUR APPLICATION.

QUESTION 8
You are NOT ELIGIBLE for licensure if you are UNDER ARREST OR CURRENTLY CHARGED with any felony, or crime punishable by imprisonment for more than one year; or any crime of violence, including crimes of domestic violence; or any crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state relating to controlled substances. If you choose to submit an application anyway, the Division will suspend the processing of your application until you provide a certified court document indicating the final disposition of your case. If that court document indicates that the case did not result in a conviction or a withholding of adjudication on a disqualifying crime, the suspension will be lifted and the processing of your application will continue. If you are convicted or receive a withhold of adjudication on a disqualifying crime, your application will be denied.

QUESTION 9
The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. If you answer YES to this question or if the background check reveals that you are a fugitive from justice, the Division will suspend the processing of your application until you submit a certified copy of a court document reflecting the final disposition of your case.

QUESTION 10
You are NOT ELIGIBLE for a Florida concealed weapon license if you were discharged from military service under
DISHONORABLE CONDITIONS. SECTION III NOTARIZATION STATEMENT

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