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Will a suspended DL make you ineligible for CCW?

2159 Views 5 Replies 6 Participants Last post by  T.S.
OK, silly question I'm sure, but this debate has been going on between me and my wife for quite some time. She thinks you would be denied a CCW for a suspended license but since I can't find anything in the eligibility requirements that says it would, I think it wouldn't matter.

Who's right?
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http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2008->Ch0790->Section%2006#0790.06
OK, silly question I'm sure, but this debate has been going on between me and my wife for quite some time. She thinks you would be denied a CCW for a suspended license but since I can't find anything in the eligibility requirements that says it would, I think it wouldn't matter.

Who's right?
First, the wife is always right. It doesn't matter what you think. Thinking contrary to her firmly held opinions will result in deep, abiding, psychological pain. :smack

Second, I would think that WHY the license was suspended would make a big difference. Accidents? Not a felony, right? Shouldn't matter. Repeated DUIs? 'Nother story.

Just my opinion. Not to be confused with an opinion different from my wifey's. :rolleyes:
First, the wife is always right. It doesn't matter what you think. Thinking contrary to her firmly held opinions will result in deep, abiding, psychological pain. :smack

Second, I would think that WHY the license was suspended would make a big difference. Accidents? Not a felony, right? Shouldn't matter. Repeated DUIs? 'Nother story.

Just my opinion. Not to be confused with an opinion different from my wifey's. :rolleyes:
I think I will have to disagree. i think the wife is WRONG.
The second amendment does not say that you can keep and bear arms as long as you can drive. Unless his license was suspended for felony hit and run or vehicular manslaughter, or DUI like you said, I don't see how they can deny the license.
As long as he is not a complete criminal, he should get his license.
Headache, I believe that you are correct. If the reasons for the suspended license are not among those listed as grounds for denial, then the suspension shouldn't be relevant.

In the spirit of what MiklColt45 said, remember the old saying. If you're having an argument with your wife and it becomes clear that you're right, apologize immediately. :)
OK, silly question I'm sure, but this debate has been going on between me and my wife for quite some time. She thinks you would be denied a CCW for a suspended license but since I can't find anything in the eligibility requirements that says it would, I think it wouldn't matter.

Who's right?

Here are the reasons they will deny a license ...

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2008->Ch0790->Section%2006#0790.06

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.06 License to carry concealed 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 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;

(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 committed under chapter 397 or under the provisions of former chapter 396 or 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;

i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state, unless 5 years have elapsed since the applicant's restoration to capacity by court order;

(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application;

(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence 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;

(l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

(m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

(3) 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. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.
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