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Drugs and a CCW

2200 Views 9 Replies 8 Participants Last post by  MiklColt45
I was convicted in May 2005 of possesing MJ, in Texas it is a Class B misdemeanor. Unfortunately I was in the wrong place at the wrong time and was caught in a vehicle. No matter whose it is, everone takes the fall. Anyhow, I was barely 19 at the time and stupid for being in that situation. Things have changed, I am 24 and split time between Texas and CA. I'd like to get an FL CCW for use in Texas. Am I SOL?
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*coughs**blows smoke**coughs*

edit: (....just kiddding)
Any drug or gun violation/conviction [ misdemeanor or not ] can prevent you from obtaining a CCW in some states. Maybe someone here can research this or point you to the relevant statute in Fla.



Eligibility Requirements

o You must be 21 years of age or older.
o You must be able to demonstrate competency with a firearm.
o Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States (US) AND be a US citizen or deemed a lawful permanent resident alien by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted.

Proof of residence includes, but is not limited to:
o Monthly utility, telephone, power, or cable bills, which show your name and address.
o Monthly pay stubs or other documentation from your employer, which show your name and address.
o Monthly credit card statements, which show your name and address.

Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.

Detailed explanations of these various disqualifying conditions are provided in the Application for the Concealed Weapon/Firearm License.
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Florida law 790.06

(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
(e) Has not been committed for the abuse of a controlled substance or been 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.
Hmm. The issue of "conviction for violation of controlled substances laws" isn't addressed in the explanations given by the DoA, because it also isn't identified in any of the application questions. On the other hand, even convictions for domestic violence apparently don't count after 3 years following the end of the punishment awarded by the court.

The controlled substance thing seems to be a deal breaker. Crap. It's weird there's no time period attatched to that clause. So when I'm 80 I'll still be a drug using criminal in their eyes.

Oh wait I didn't see Paldins post. So if I signed my plea agreement and paid the 300 dollar fine in May 2005, that's three years. So I'm guessing I should send my court documents in my kit.
Im no expert on the laws by any means, but the way Im reading it, if it was a misdomeaner, and 3 years have passed, you should be able to get it.. On the other hand, the "reasons for being rejected" almost sounds like they can hold it against ya as long as they want, especially if it was multiple infractions? But, as everyone knows, most laws have grey areas, and this sounds like it could be one? If I was you, I'd go ahead and apply.. All they can say is no.. I wish ya luck getting yours!! Lord knows Im no saint, and in my younger days I could of easly been caught up in the same situation you described.. :) 89
Call them. Talk to them. Ask what they need.
If ineligible, hire an attorney.

I know that last is not what you want to hear.
But, if you want the CWFL, it may be what it takes.
It may also be that you are good to go. So call.
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