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Eligibility question

2K views 5 replies 5 participants last post by  BeerHunter 
#1 ·
I got a simple battery charge around 10 years ago. Since then all community service, probation, and court cost have been completed/paid. I was set up on a payment plan for restitution for quite a large sum of money to pay for dental work. My question is, would the restitution not being paid in full be a cause for a denial of the application? I passed a background check for the purchase of a firearm yesterday if one has anything to do with the other.
 
#2 ·
Welcome to FCC, Dperrotta. :wave

I can't answer your question with certainty but others will be along soon who might but may also need more detail. You can also join Florida Carry and they may be able to hep expedite getting the proper documentation to DOACS.

Since this was your first post to FCC, now would be a good time to also go back and post you're own Introduction thread to FCC so the members get to know you. You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, too!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Again, welcome to FCC! :grin[/QUOTE]
 
#3 ·
If I were you I would go ahead and apply and process your application, if there is a red flag , then address it at that time. Your charge is from 10 years ago on a misdemeanor.
 
#4 ·
Its really up to them. But even though you was approved for a firearm that doesnt mean you will be approved for a CCW. They go way further than the background check to purchase a firearm.

It can go both ways for you. Even if you belive you have been rehabilitated for what you did and what made you do it, they can say that they dont think so. I seen people get suspended for the little things but also seen people pass with bigger stuff like warrant for drugs in other states. Its crazy how it works.

At the end if they dont approve you, you can always get a a lawyer if its that important to you. You have to sometimes think like you are in there shoes. Yes unfair but this is how it works.

But you should at least try before H.R 38 Fix Nics lol jk wont be a a while.
 
#5 ·
Just a word to the wise since you're new here. Be careful who you take advice from on the Internet - especially semi-anonymous forums. Your question is a relatively low-risk one. If someone guides you wrong at worst you'll get denied and be out some money. Sometimes the questions have higher stakes and for those questions you should really get a feel for the characters who are giving you advice. While most of the folks here are well-meaning and attempting to be helpful, sometimes even well-meaning folks pass on information that is just flat out wrong.

Anyway, the portion of 790.06 relevant to your question says:

The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.

Being you said you caught a simple battery charge and since you're on the hook for some very expensive dental work it seems safe to say you were convicted of a "crime of violence constituting a misdemeanor". While the crime/conviction may have been 10 years ago, the clock doesn't start ticking until "probation or any other conditions set by the court have been fulfilled". If your restitution to your victim was part of the "conditions set by the court", and your restitution is still outstanding, then it is possible that you have not yet even begun your 3 year waiting period. This determination might revolve around some subtleties that would require evaluation by someone more familiar with the process.

As previously suggested you could simply go ahead and apply and see what happens. If they ask for paperwork, send it to them. If they say "your 3 years doesn't start until you finish paying the court ordered restitution" then you'll know.

Good luck.

P.S. It has absolutely nothing whatsoever to do with whether or not DACS thinks you are "rehabilitated".
 
#6 ·
^^^^
BrianB is one of FCC members who's advice you can consider to be quite credible!
 
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