[PaB]

Long story short, my permit application was rejected bc of a trespassing violation in 1975, 45 years ago. It was merely I was at a house with another guy (we were dating sisters) he got rowdy and I had to extract him. True story, father wanted to make an example of us...we weren't real close. Lol.
I've had one traffic ticket since for speeding. Dept of Agricultural said nope.
I'm not going to hire a lawyer but did send a letter explaining everything.
Should I write my congressman and Gov. DeSantis? I'm a Republican and lady who runs Agricultural isn't, by along shot.
Thx for advice.

 

[Earl 007]

Was it armed trespassing if so your done, if not you still have a chance there are a few lawyers on here that could steer you to the right path. Shark is feeling very X-mas like maybe he has advice. Welcome from Lakeland, good luck, merry X-mas.

 

[7.62Kolectr]

There should be hope. What state did that happen in? Others more exp than me will be along shortly.

 

[Anduril]

Long story short, my permit application was rejected bc of a trespassing violation in 1975, 45 years ago. It was merely I was at a house with another guy (we were dating sisters) he got rowdy and I had to extract him. True story, father wanted to make an example of us...we weren't real close. Lol.
I've had one traffic ticket since for speeding. Dept of Agricultural said nope.
I'm not going to hire a lawyer but did send a letter explaining everything.
Should I write my congressman and Gov. DeSantis? I'm a Republican and lady who runs Agricultural isn't, by along shot.
Thx for advice.

If you are eligible, Florida is a "shall-issue" State, so they can not deny you a license unless you are truly disqualified.
Off the top, based on your abbreviated description of events, unless some sort of felony was involved, I would seek out some qualified counsel and see what happens.

If you can legally purchase / own a weapon, you should be able to obtain your concealed carry license. I don't think there are very many, if any, exceptions to that, but I'm sure someone will be around to correct me if I'm wrong about that.

I don't think the DeSantis approach is likely to yield any positive results. He can't change the law, or work miracles. You'll do better to fight it. Keep in mind, the problem could be as simple as DOACS knowing there was an arrest, but having no determination of the outcome. So, it could easily be a situation where YOU have to track down the case specifics from 45 years ago and present certified copies to DOACS. Happens all the time.

Good luck, whatever the final outcome.
But I wouldn't give up just because of an initial rejection.
It may take time, but if you're eligible, they CAN NOT DENY you a license.

 

[BrianB]

If it was simple trespass that's a misdemeanor and not disqualifying. Was it simple trespass or armed? Florida or some other state?

 

[Shark1007]

Here’s what I would suggest. And I am feeling very Christmas spirited. What you want to get is a certified copy of the “ judgment and sentence” that will be a document you get from the criminal court clerks office that is certified by their making a copy and then putting a red raised stamp on it in Florida. Most states have a similar process.

The permit folks are concerned that it might be a felony I would think. You just need to prove with them that it was a misdemeanor. If you find a kind person in the criminal clerks office you might get them to generate a document that describes that the charge was a misdemeanor in the event it is not readily obvious from the judgment and sentence. If necessary and not explained on the judgment and sentence, see if you can get a copy of the statutes for the state involved at the time of the offense. Florida statutes, for example were bound in hardcover books with a date on the cover and on the inside page.

As with anything if you are looking for a discretionary decision, I always suggest you treat the person making the decision as if they were a moron. In other words, Provide them each and everything to remove any doubt as to your qualification.

 

[PaB]

Was it armed trespassing if so your done, if not you still have a chance there are a few lawyers on here that could steer you to the right path. Shark is feeling very X-mas like maybe he has advice. Welcome from Lakeland, good luck, merry X-mas.

No at all. The other guy a and I were dating sisters. It was nothing criminal, except the father had a right to issue a warrant for trespassing.
No guns, no anything.

 

[PaB]

Here’s what I would suggest. And I am feeling very Christmas spirited. What you want to get is a certified copy of the “ judgment and sentence” that will be a document you get from the criminal court clerks office that is certified by their making a copy and then putting a red raised stamp on it in Florida. Most states have a similar process.

The permit folks are concerned that it might be a felony I would think. You just need to prove with them that it was a misdemeanor. If you find a kind person in the criminal clerks office you might get them to generate a document that describes that the charge was a misdemeanor in the event it is not readily obvious from the judgment and sentence. If necessary and not explained on the judgment and sentence, see if you can get a copy of the statutes for the state involved at the time of the offense. Florida statutes, for example were bound in hardcover books with a date on the cover and on the inside page.

As with anything if you are looking for a discretionary decision, I always suggest you treat the person making the decision as if they were a moron. In other words, Provide them each and everything to remove any doubt as to your qualification.

Not remotely a felony. And the Ag people didn't treat it as such. I personally believe it the Ag commissioner playing politics. Lol, my wife got her's.
45 years on a simple trespassing charge, really?

 

[PaB]

No at all. The other guy a and I were dating sisters. It was nothing criminal, except the father had a right to issue a warrant for trespassing.
No guns, no anything.

And the Depth of Ag. know its a misdemeanor.

 

[BrianB]

Not remotely a felony. And the Ag people didn't treat it as such. I personally believe it the Ag commissioner playing politics. Lol, my wife got her's.
45 years on a simple trespassing charge, really?

Did they tell you that the trespassing charge was the problem? I don't know how these denials go so I don't know if they give you the reason or not. I would assume they must.

No at all. The other guy a and I were dating sisters. It was nothing criminal, except the father had a right to issue a warrant for trespassing.

Well, there's such a thing as a trespass warning (warning you that if you come on the property again you will be guilty of trespass). That's not an offense of any kind and does not result in a criminal record.

But a trespassing conviction would mean you were found to have either unlawfully entered or remained after actual notice to depart was given by a person authorized to give such notice. You would have been arrested or cited, and subsequently found guilty in a bench trial or jury trial. This of course would result in a criminal record, but since you said you were not armed, it would be a misdemeanor.

I checked the wording of the statutes 45 years ago (1975) and it was even more favorable then than it is now. Back then even armed trespass was still a misdemeanor.

So, assuming that your conviction was indeed for trespassing in a structure, I can't see any way that you're an unwitting felon. Do what Shark said and you should be fine.

P.S. Since a person you were dating was involved, the above assumes that no battery conviction occurred that would retroactively count as "domestic battery" which would make you a prohibited possessor forever (absent clemency).

 

[PaB]

Trespassing was charge, I was guilty. It was simple trespassing. I'm not a law breaker, I have had a speeding ticket and a ticket for a tail light out in 45 years. Period.
Thx for answering.

 

[PaB]

Did they tell you that the trespassing charge was the problem? I don't know how these denials go so I don't know if they give you the reason or not. I would assume they must.



Well, there's such a thing as a trespass warning (warning you that if you come on the property again you will be guilty of trespass). That's not an offense of any kind and does not result in a criminal record.

But a trespassing conviction would mean you were found to have either unlawfully entered or remained after actual notice to depart was given by a person authorized to give such notice. You would have been arrested or cited, and subsequently found guilty in a bench trial or jury trial. This of course would result in a criminal record, but since you said you were not armed, it would be a misdemeanor.

I checked the wording of the statutes 45 years ago (1975) and it was even more favorable then than it is now. Back then even armed trespass was still a misdemeanor.

So, assuming that your conviction was indeed for trespassing in a structure, I can't see any way that you're an unwitting felon. Do what Shark said and you should be fine.

P.S. Since a person you were dating was involved, the above assumes that no battery conviction occurred that would retroactively count as "domestic battery" which would make you a prohibited possessor forever (absent clemency).

Lol, no battery. I did extract the other guy from the house. He refused to leave.

 

[Shark1007]

It’s probably that tail light charge that gotcha.

 

[PaB]

I was thinking that...tail light out today (and a white, God fearing. GOP voting conservative) and a serial killer tomorrow.
Seriously, it's frustrating.

 

[PaB]

Best I can tell, a trespassing charge in the last 2-3 years might stop it, but 45 years?

 

[Earl 007]

Most likely they just need the final dispostion of the case and being that long ago the records might be missing. It's not political.

 

[PaB]

Not political?? Do u know who is heading Sept of Ag? We have a great Governor. I'll appeal to him...and my Congressman.
Doubt Virginia still has the records, it was a small time case. Though Florida found it in background check.

 

[PaB]

If you are eligible, Florida is a "shall-issue" State, so they can not deny you a license unless you are truly disqualified.
Off the top, based on your abbreviated description of events, unless some sort of felony was involved, I would seek out some qualified counsel and see what happens.

If you can legally purchase / own a weapon, you should be able to obtain your concealed carry license. I don't think there are very many, if any, exceptions to that, but I'm sure someone will be around to correct me if I'm wrong about that.

I don't think the DeSantis approach is likely to yield any positive results. He can't change the law, or work miracles. You'll

 

[PaB]

If we don't think matters like this can be political...well, they can be.
And guys 45 years?? Nothing remotely says they go back that far. Most say a few years. And I have no trouble buying guns.
Not gonna spend a few thousand on a lawyer.
Thx for all advice

 

[Shark1007]

Just write to the clerk of crim. Court in that jurisdiction, ask for cert. copy as I suggested. Not available? Ask the clerk to do a certified affidavit or something official explaining the charge and disposition.

It’s not political, it’s government inertia and functionaries in action. I have a friend with a permit just refused gun purchase from similar deal. He had top secret clearance in military.

You can do your own legwork, good luck.