Florida CCW Eligibility Question (Loop Hole ?)

Florida CCW Eligibility Question (Loop Hole ?)

This is a discussion on Florida CCW Eligibility Question (Loop Hole ?) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This is my first post on this forum but I have done a large amount of research on this topic and could not come up ...

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Thread: Florida CCW Eligibility Question (Loop Hole ?)

  1. #1
    New Member Array joestone's Avatar
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    Florida CCW Eligibility Question (Loop Hole ?)

    This is my first post on this forum but I have done a large amount of research on this topic and could not come up with a clear answer regarding my eligibility.
    I hope that you guys will be able to help me.

    My issue is that two years ago i completed my deferred adjudication probation on a state felony charge. I have read the Florida "disqualifying crimes" pdf and it states that
    "If you have had adjudication of guilt withheld or imposition of sentence suspended on a felony charge, you are ineligible UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT- IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged)."

    Now at first glance it would seem that I am ineligible at this time and would have to wait another year, but there is a part of the sentence above that makes me think otherwise "OR ANY OTHER COURT- IMPOSED CONDITIONS HAVE BEEN FULFILLED."
    From my understanding that /\/\/\ means if there were any other court imposed conditions, such as community service or restitution involved in the deferred adjudication and they were successfully completed then I am a now eligible to receive a CCW.
    I understand this sounds like I am playing close it to the cuff or trying to find a loop hole but I know that laws and statutes are worded very specifically and with with that in mind they used the word "OR" instead of "AND" which means that, either condition can be met for me to qualify instead of both.

    My deferred adjudication case not only had probation but i was required to pay restitution and do community service.
    I would really like some help here, and if any of you know a Florida lawyer who could help I would love to talk to them.


  2. #2
    Member Array slidewayz240's Avatar
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    Are you allowed to purchase a firearm legally? Second, call the Florida Department of Agriculture. They can probably answer that question better than anyone on this board can. And Welcome btw.

  3. #3
    Senior Member Array DocT65's Avatar
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    I would consult the Florida Attorney General's office on this one. The help will be free, and you will get it straight for the State. Make sure you document who you spoke with, as well as date and time, just in case you are questioned by the Dept of Agriculture (they issue the permit). I would assume nothing; you don't want to get caught in trying to "sneak" through. These applications are heavily scrutinized, now probably more than ever before. There are no "loop holes" in their opinion.
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    VIP Member Array pittypat21's Avatar
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    Three years since probation or other court imposed restrictions. If you didn't have probation but other imposed court restrictions, and it's been 3 years since they were completed, than according to the requirements, you should be fine.

    I'm not a lawyer.
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    Anything said on this forum is useless to you.
    You need to go directly to the 'source' for your answer.


    Department of Agriculture and Consumer Services
    Division of Licensing
    Post Office Box 6687
    Tallahassee, Florida 32314-6687
    Phone: (850) 245-5500
    Fax: (850) 245-5505
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    Distinguished Member Array dben002's Avatar
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    UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT- IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged)."

    I am reading this as saying if your case did not include probation but had other court imposed conditions you must have meet the other court imposed conditions to qualify. I read your post as you having both probation and other conditions. If I'm reading this correct you would still have to meet the 3 years after probation clause to qualify.
    phreddy likes this.
    There are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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    VIP Member Array pittypat21's Avatar
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    The three years wait applies whether its probation or other court imposed restrictions. It's not "three years after probation OR immediately after other court imposed restrictions."
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    VIP Member Array high pockets's Avatar
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    Oh! Oh! Oh! I can answer this one, and I didn't even stay in a Holiday Inn last night!

    Quote Originally Posted by retsupt99 View Post
    Anything said on this forum is useless to you.
    You need to go directly to the 'source' for your answer.


    Department of Agriculture and Consumer Services
    Division of Licensing
    Post Office Box 6687
    Tallahassee, Florida 32314-6687
    Phone: (850) 245-5500
    Fax: (850) 245-5505
    "If you make something idiot proof, someone will make a better idiot."

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    New Member Array joestone's Avatar
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    I appreciate all of the responses... they were fast as heck! I'm on the phone now with the florida department of Agriculture right now. Will keep you guys updated

  10. #10
    New Member Array joestone's Avatar
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    Its a no go... just bad wording I guess... seems sloppy to me. But anyway, I guess I will have to wait another year until I am able to join the ranks. Or try in Georgia... where I will be moving soon. Thanks for all the help everyone !

  11. #11
    VIP Member Array pittypat21's Avatar
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    Here's the info from GA.

    (2) No weapons carry license shall be issued to:

    (A) Any person under 21 years of age;

    (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation;

    (C) Any person against whom proceedings are pending for any felony;

    (D) Any person who is a fugitive from justice;

    (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922;

    (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;

    (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section;

    (H) Any person who has been convicted of any of the following:

    (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102;

    (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or

    (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127

    and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;

    (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:

    (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or

    (ii) Any conviction under subparagraphs (E) through (G) of this paragraph

    for at least five years immediately preceding the date of the application; or

    (J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license.

    O.C.G.A. 16-11-129
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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by joestone View Post
    Its a no go... just bad wording I guess... seems sloppy to me. But anyway, I guess I will have to wait another year until I am able to join the ranks. Or try in Georgia... where I will be moving soon. Thanks for all the help everyone !
    Sorry, but Georgia will be of no help to you:

    and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;
    "If you make something idiot proof, someone will make a better idiot."

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    Senior Member Array taseal's Avatar
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    interesting.

    now let me ask something (without looking into it)

    I thought convicted felons are prohibited from posessing ammo? (I know you're Adj witheld)

    makes me wonder.

    I also thought once convicted felon, you can never carry a firearm. hmm

  14. #14
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by high pockets View Post
    Sorry, but Georgia will be of no help to you:

    and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;
    That bit you quoted only applies to sections H and I that I posted Above. I do not see any exemption at all for convicted felons in GA.
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    I clearly read that as any court-imposed conditions had to have been completed for three years--parole, commnuity service, anything that judge said you had to complete. Didn't seem sloppy to me.

    Try again agin after everything is completed for three years.
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