How to answer #10. What is a "violent misdemeanor"?
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Thread: How to answer #10. What is a "violent misdemeanor"?

  1. #1
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    How to answer #10. What is a "violent misdemeanor"?

    I am relatively new to Florida and applying for a permit to carry. On question #10 on the concealed carry application it asks "Have you been convicted, found guilty of, or had adjudication withheld on one or more misdemeanor crimes of violence?" My instinct is to reply "no" but I want to make sure I understand the question fully before doing so. More than 20 years ago, I attended a party on a college campus in Connecticut where they rounded up groups of kids and charged us with ridiculous charges including inciting a riot, attacking a police officer (because some kids threw bottles). Eventually, it was plead down to a misdemeanor 'disturbing the peace' and I paid a fine. I know that I did not commit any acts of violence and the misdemeanor itself is not specific to a violent act. So, how do I answer this question? Also, does answering 'Yes" to this question automatically disqualify me from getting a permit?

    I contacted the state (anonymously) and asked this question and they said basically that it was up to me to answer it honestly and that the correct answer depends on the court documents - and that I should submit those court papers along with my application. I don't even have the court papers. It was 21 years ago! I don't want to answer "no" and have FL run my check and call me a liar. I also don't want to answer "yes" and open a can of worms if there is no need. Thoughts?

    Lastly, if I should seek legal counsel on the topic, does anyone have any recommendations?

  2. #2
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    You're likely going to need to get a copy of the court records for DOACS to process your application. Get a copy of your court records to submit with your application and answer the application questions truthfully. An attorney knowledgeable in Florida Firearms law probably isn't necessary, but your call or you can PM rvrctyrngr and he'll likely have a bit more advice for you. While your application will take a bit longer to process, with the court records of previous case that say as you've described here, it should go through in a reasonable amount of time.
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  3. #3
    Distinguished Member High Peaks Drifter's Avatar
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    Doesn't seem like a violent misdemeanor to me. I'd say no and move on. I mean, isn't that the truth and what the state advised you to do? Worry about that bridge if you have to cross it.

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  5. #4
    Distinguished Member deadeyedick's Avatar
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    Disturbing the peace, breach of peace, disorderly conduct, etc. are not considered violent misdemeanors. Things like simple battery or domestic violence are what they're talking about.
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    Distinguished Member MPDC66's Avatar
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    If you have bought a gun, did the record come up and delay or disqualify you? Same background check, I believe.
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  7. #6
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by MPDC66 View Post
    If you have bought a gun, did the record come up and delay or disqualify you? Same background check, I believe.
    Violent misdemeanor convictions (other than domestic violence) don't disqualify you from buying a gun, so I doubt it would have come up there. But if it's less than 3 years old it does disqualify you from getting a CWFL.

    Doesn't sound like the OP has anything to worry about.
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  8. #7
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    Hi all,
    Myself I would check off NO to #10 and submit the application.
    At the same time I would get a copy of the actual disposition (not bad to have anyway) and should the question come up through the approval process,
    you have the paperwork to submit.

    I took #10 to infer that they did not want someone that had been involved with a "Domestic Violence" misdemeanor.
    Violence perpetrated against an individual...You do not deal well with others and a gun could more quickly come into play!
    If your "Disturbing the Peace" was through a Violent act upon another person then you may have a different problem.
    It would be nice to know exactly how your "Disturbing the Peace" is worded!

    Even though you do not have a copy of your final disposition, myself, whether it was 21 months or 21 years...I would not forget it!
    But if you have...get a copy!

    Good luck,
    It's a ***** how our past can come back on us!

    Mackie244

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