FL CCW Question

sid719e

Inactive
I have an appointment with the division of licensing soon and I have a question. Can I be denied a permit if I've been arrested before but not convicted of anything? About 17 years ago, I was an identity theft victim, and to make a long story short, someone used a fake State of Florida ID with my info when they were questioned by police concerning a fight. A notice to appear in court was issued (that I never received due to the bogus Tampa address that was on the id), and of course, when no one appeared, a warrant for my arrest was issued. Three years later I was arrested because of this and had to appear in court. My attorney argued that the statute of limitations had passed for this particular offense (an affray), and it was thrown out. Any chance that my application gets denied because of this?
 
Have you bought a firearm since that event and passed a NICS check?
That could tell you your status with the FBI.
 
I am neither an FFL, nor a Florida attorney, but it seems unlikely that you'll be denied based on any of the events described. If you bought that handgun (a year ago) from an FFL, then a background check was done on you and you you were determined (at that time) not to be a person prohibited from owning a firearm. Also, the events with the identity theft: (1) did not result in a conviction; and (2) were 17 years ago.
 
I am neither an FFL, nor a Florida attorney, but it seems unlikely that you'll be denied based on any of the events described. If you bought that handgun (a year ago) from an FFL, then a background check was done on you and you you were determined (at that time) not to be a person prohibited from owning a firearm.
Just as a point of interest that may not be relevent to Florida, depending on state laws, just being able to pass a background check to purchase a firearm may not be indicative that one would be able to acquire a CCW permit. Some states have more rigorous permit requirements. In Utah, for example, a DUI, crimes involving moral turpitude and having a history that shows you could be a danger to yourself or others can be sufficient grounds to deny or revoke a permit but would not necessarily result in a NICS denial when purchasing a firearm.

Perhaps Florida is like Utah in that a person can call the bureau that issues CCW permits and get an opinion from an examiner about whether some past life episode might hinder one's ability to qualify for a permit?
 
You are probably okay... but I can't quite figure out why

your attorney would claim the statute of limitations on something you never did in the first place...

they might just find that outstanding arrest warrant and hold up your application... but my experience with Florida is they are very helpful in letting you know what you need to do to proceed with the application.
 
An apointment with the division of licensing?... why? A florida CCW requires you take a course for hangun safety, and Florida statutes from a state approved instructor. You must further prove to that same instructor that you can safely handle, and shoot a firearm. You get a cirtificate, have your fingerprints taken by a police authority ( hard copy or electronic). Mail a copy of the certificate, and application, and prints, and a passport photo, and a check... six or eight weeks later you get your permit. Have you already been denied?
 
A florida CCW requires you take a course for hangun safety, and Florida statutes from a state approved instructor.

Not accurate. Instruction is not limited to "state-certified" instructors, not limited to "handgun safety" and nowhere is the instructor required to teach Florida statutes.

790.06License to carry concealed weapon or firearm.

(2)The Department of Agriculture and Consumer Services shall issue a license if the applicant:

<spip>

(h)Demonstrates competence with a firearm by any one of the following:

1.Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

2.Completion of any National Rifle Association firearms safety or training course;

3.Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

4.Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

5.Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;

6.Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or

7.Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

http://www.flsenate.gov/Statutes/in...ing=&URL=0700-0799/0790/Sections/0790.06.html
 
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