[tropicsled]

Having some trouble understanding the wording of a question on the Florida cwp application.

This is question #8 on the Florida concealed weapons permit application. In the part I marked in bold below. NOTE, this is not asking about conviction.

My Question: Are they asking about felony of domestic violence OR ANY felony?

Here is the explanation of the question that came with the application:

"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 Concealed Weapon or Firearm License unless a period of 3 years has elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged. A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application."

Here is the actual question as it appears on the application:

"8) Have you had adjudication of guilt withheld or imposition of sentence suspended on a felony charge or a misdemeanor crime of domestic violence?"

Thanks in advance!

 

[keboostman]

They are asking whether you have been convicted of any felony or (where domestic violence is a misdemeanor) domestic violence. In some jurisdictions domestic violence is not a felony. However, a conviction for domestic violence or any felony can be cause for denying a concealed carry permit.

 

[tropicsled]

Thanks for the reply. This particular question is not asking about conviction. (Question 7 asks about felony conviction.) It is asking about "adjudication of guilt withheld or imposition of sentence suspended". Not sure if that makes a difference but just making sure.

They are asking whether you have been convicted of any felony or (where domestic violence is a misdemeanor) domestic violence. In some jurisdictions domestic violence is not a felony. However, a conviction for domestic violence or any felony can be cause for denying a concealed carry permit.

 

[RETSUPT99]

They are asking whether you have been convicted of any felony or (where domestic violence is a misdemeanor) domestic violence. In some jurisdictions domestic violence is not a felony. However, a conviction for domestic violence or any felony can be cause for denying a concealed carry permit.

What he said, but remember that it's not being charged, but rather convicted.:22a:

 

[StevePVB]

The question is worded better than the "explanation".

Maybe it would have better to write 2 questions -- one for felony and another for misdemeanor crime of domestic violence.

 

[jbs]

They are asking so that if you did have guilt withheld or suspended, since they will know when they do the background check, they want you to include the requested documents with the application if it has been over three years.
Less than 3 years and they will not issue.

 

[Grant48]

"8) Have you had adjudication of guilt withheld or imposition of sentence suspended on a felony charge or a misdemeanor crime of domestic violence?"

Have you ever agreed to be placed on probation in lieu of a trial, on the condition that when you complete probation, the charge against you will be dismissed?

If no, dont worry about it.

If yes, determine if 3 years has passed since the date that your term of probation ended.

 

[Rexster]

What nobody has yet used are the terms "deferred judgement" or "deferred adjudication." Once upon a time, this did NOT count as a conviction if successfully completed. For purposes of at least SOME background checks, these deferred judgements will be considered the same as a conviction.

The only clear way to beat a family violence charge, so it will not affect your ability to possess firearms, is through dismissal or acquittal. For every other outcome, it might be a good idea to consult a lawyer.

 

[OLDPUPPYMAX]

If you have been found guilty OVER three years ago, or if you were found guilty BUT the crime was expunged from your record, you are OK for a CC license.

 

[Hopyard]

Here's my take

Having some trouble understanding the wording of a question on the Florida cwp application.

This is question #8 on the Florida concealed weapons permit application. In the part I marked in bold below. NOTE, this is not asking about conviction.

My Question: Are they asking about felony of domestic violence OR ANY felony?

Here is the explanation of the question that came with the application:

"If you have had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence,

As someone else wrote they are asking about both a felony and a domestic violence charge case, even if the domestic violence case was a just misdemeanor charge.

Quite apart from the wording, this question would give most folks no pause or concern whatsoever because the answer would be a clear cut no. No felony. No misdemeanor domestic violence. No probation, deferred adjudication, or the like.

The fact that you need to think carefully about the question and how you should answer it suggests that there might be a problem in your background.

I would hope that you give your decision to apply for a license very considerable thought and soul searching as to the particulars of the event that has you concerned. Ask yourself if you really are presently the type of individual who can truly trust himself to do the right thing. Only you know, perhaps deep inside, precisely what occurred and why this question is concerning to you.

 

[TX-JB]

What nobody has yet used are the terms "deferred judgement" or "deferred adjudication." Once upon a time, this did NOT count as a conviction if successfully completed. For purposes of at least SOME background checks, these deferred judgements will be considered the same as a conviction.

That's exactly what they are talking about here. If you accepted "deferred adjudication" or "adjudicated probation" you aren't qualified for a CCW permit, until 3 years after your probation ended.

TX is the same way. They consider these the same as a conviction for CHL qualifications, here.

 

[Guns and more]

Any felony charge in the last three years?

or

Any misdemeanor domestic violence charge in the last three years?

you're out.


Domestic violence is a big no-no.

 

[o2toxed]

Ccf q & a

Hopyard absolutely nailed it. If you need to think about the question that hard...and by the way it IS a two parter, then you may need to reconsider what you are putting your money towards. Any DV in Florida is a Major no no...thank OJ for that one and ANY felony. THat's conviction. As for the withholds they may look more deeply into the specific charge and make a case by case decision on it. But for the sake of covering themselves, that may be an excluding factor as well. But answer it truthfully because when you include your signature you are swearing that everthing in the paper is true and accurate to the best of your knowledge, it is perjury even on a document.