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Can someone I know get a carry permit? old Felony.

3K views 9 replies 6 participants last post by  BeerHunter 
#1 ·
The Felony arrest was over 30 years ago. This person has gotten their right to vote back and to become a notary. Says that she got her civil rights back.

But does that include the buying of a gun for protection.

The arrest did involve a gun with a broken firing pin. I know it doesn't matter , she was wild back then.

Or how can I find out? without actually applying for a gun purchase, because that cost money.

Please don't kill the messenger.
 
#3 ·
Depends on a lot of things. Best place to start is with her clemency documents. In Florida, back in the day, when they restored your rights they automatically restored "all" rights, and you were put back to the way you were before the crime occurred. At some point this changed and all rights except firearms rights were restored - and firearms rights had to be petitioned for separately. I think the change was sometime in the 70's.

I have an Uncle with an old felony, but he had gotten his rights restored a long time ago, but never cared about guns. I looked at his documents and they were the old ones that said "all rights" and FDLE agreed that he did not need to petition for firearm rights separately, but that his case was rather rare because most people have the newer "doesn't include guns" kind.
 
#4 ·
Thank you George and Brian for the suggestions.
 
#5 ·
My advise just like a couple of people that I know did was go to a firearm store and try to purchase a firearm the other is pay the firearm store 5-10 bucks to do the search before you buy a gun. They will do it for a fee. It will cost you more with a lawyer because in reality they will need more information and research.

But I do know people who has gotten there CCW in florida with even a felony, it depended greatly on what type and how long. But yea those people really got lucky or the fdle looked the other way thinking it was not something to go crazy about. That was just recently that my friend got his and the other was about 2 years ago.

Good luck
 
#6 ·
My advise just like a couple of people that I know did was go to a firearm store and try to purchase a firearm the other is pay the firearm store 5-10 bucks to do the search before you buy a gun. They will do it for a fee. It will cost you more with a lawyer because in reality they will need more information and research.

But I do know people who has gotten there CCW in florida with even a felony, it depended greatly on what type and how long. But yea those people really got lucky or the fdle looked the other way thinking it was not something to go crazy about. That was just recently that my friend got his and the other was about 2 years ago.

Good luck
This I highly doubt! DOACS and FDLE do not have a history of "looking the other way" on felony convictions! Quite the opposite! Unless you're talking about some strange loophole on classification of a conviction in another state that doesn't meet the definition of a felony and without proof or further details, I'm hauling the "bravo sierra" up the mast!

F.S. 790.06 stipulates [with my emphasis added]:

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;
(b) Is 21 years of age or older;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;
(e) Has not been:
1. Found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or
2. Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to be committed for the abuse of a controlled substance under this subparagraph;
(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
. . .
History.—s. 2, ch. 4147, 1893; s. 1, ch. 5139, 1903; GS 3268; RGS 5101; CGL 7203; s. 2, ch. 76-165; s. 67, ch. 77-121; s. 1, ch. 77-302; s. 176, ch. 79-164; ss. 1, 2, ch. 87-24; s. 4, ch. 88-183; s. 2, ch. 89-60; s. 110, ch. 89-96; s. 3, ch. 90-311; s. 2, ch. 90-316; ss. 1, 7, ch. 90-364; s. 1, ch. 92-52; s. 1, ch. 92-183; s. 38, ch. 93-39; s. 52, ch. 95-196; s. 1, ch. 95-229; s. 10, ch. 95-430; s. 17, ch. 97-94; s. 1206, ch. 97-102; s. 5, ch. 98-284; s. 3, ch. 98-335; s. 228, ch. 99-245; s. 61, ch. 2000-258; s. 10, ch. 2002-295; s. 108, ch. 2003-1; s. 60, ch. 2004-357; s. 1, ch. 2006-90; s. 1, ch. 2008-105; s. 2, ch. 2011-145; s. 1, ch. 2012-144; s. 61, ch. 2013-116; s. 1, ch. 2014-205; ss. 39, 40, ch. 2016-166; s. 50, ch. 2017-36; s. 39, ch. 2017-85.
F.S. 790.23 goes on to stipulate more about disqualifying felony convictions:

790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2) This section shall not apply to a person:
(a) Convicted of a felony whose civil rights and firearm authority have been restored.
(b) Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b).
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238; s. 1, ch. 2016-42.
 
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