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Non-Felony/Misdemeanor charge of a Substance

2K views 3 replies 4 participants last post by  AFJuvat 
#1 · (Edited)
Hello everyone!

I will try to make this short and sweet. Nearly 10 years ago while I was a young man in college I was arrested for having a joint. Since I cooperated with the police and owned up to my stupid choice they took it easy on me. I pleded gulity in court and was given a small fine and that was it. I was told I was being charge with a non Felony/Misdemeanor drug offenese. I had a few background checks done since than and this incident has never came up. This happend out of state in New Hampshire. Besides this dumb innocent, I have never been arrested.

I am intersted in obtaining my CCW and was wondering if this would cause me to get denied. I was told by a few people not to worry about it and not to even mention it on my application. However, I dont feel that is right, and makes me look bad if it happens to come up during my application. Thoughts on this?
 
#2 ·
I don't think the misdemeanor drug arrest 10 years ago disqualifies you, but there will be one (or more) actual experts along shortly to confirm that.
Read the Form 4473 questions carefully and I think you'll find that there is no question you can even answer truthfully which would expose this arrest.

I would like to say that even folks who are squeaky-clean with ZERO arrests sometimes get denied by the background check system. The FFL/gun store running the check is not told the reason for the denial. Sometimes it is just a database error, or similar sounding names to someone who is flagged. Happens often enough to provide "cover", so there is absolutely no reason for you to ever feel embarrassed if you do get a denial.
 
#3 ·
Welcome to FCC from Palm Beach County, DarkStarMagnolia! :wave

The answer to your eligibility can be found in Florida Statutes 790.06:

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;
. . .
However, you may want to seek legal counsel from a competent attorney with Florida firearms law experience.

Since this was your first post to FCC, now would be a really 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, and will be more responsive in answering questions!

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!

Finally, I would like to recommend you consider joining Florida Carry and join the effort to protect the rights of Floridians to keep and bear arms!

Again, welcome to FCC! :grin
 
#4 ·
Shouldn't be an issue. HOWEVER, if it comes up on a background check when they process your permit, they might flag it for follow up. If you have paperwork showing that you complied with all the terms of your "conviction", you might want to keep it handy in case they ask for it.
 
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