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Am I Eligible For A Florida Concealed Carry Permit?

November 25, 202211 min read

One of the most common concerns people have before applying for a Florida concealed carry permit is

"What are the Florida concealed weapons permit requirements?" or " What is the Florida concealed carry eligibility requirements?"

The simple answer is that it depends. In this article we will discuss;

  • The minimum Florida concealed carry eligibility requirements

  • Who is prohibited from possessing firearms under Federal law

  • Who is prohibited from possessing firearms under Florida Law

  • The mandatory waiting periods after a conviction or withheld adjudication

  • Who can be denied for a concealed carry permit Florida

 

What Are the Minimum Florida Concealed Carry Requirements?

Before you can apply for a Florida concealed carry permit you must meet the following minimum Florida concealed carry requirements;

  • You must be 21 years of age or older. Some exemptions apply, click here to learn more.

  • You must demonstrate competency with a firearm. You can meet this requirement by completing the Tampa Carry concealed carry course online right now

  • You must be a US citizen, naturalized citizen or permanent resident alien

  • You must not have a disqualifying criminal record

What Prohibits You From Possessing a Firearm in Florida, According to Federal Law?

According to federal law, 18 U.S.C. 922(g) and (n), you are prohibited from possessing a firearm (which includes getting a Florida concealed carry permit),  if any of the following apply to you:

  • You have been convicted of felony, which is defined as any crime which provides for a possible punishment of imprisonment for a term exceeding one year;

  • You are subject of a court order that restrains you from threatening, harassing or stalking an intimate or domestic partner, former partner or child of such partner; 

  • You have been convicted of any misdemeanor crime of domestic violence, including domestic battery or domestic assault;

  •  You are a fugitive from justice in any jurisdiction;

  •  You have been committed to a mental institution or have been adjudicated as having a mental defect;

  •  You are addicted to any controlled substance or are an unlawful user of any controlled substance;

  •  You are unlawfully in the United States, are an illegal alien, or are an alien that entered the country with a non-immigrant visa;

  •  You have renounced your United States citizenship;

  •  You have been dishonorably discharged from the Armed Forces.

 

 

What Prohibits You From Possessing a Firearm Under Florida Law?

Some people are not allowed to obtain a Florida concealed weapons permit, according to the Florida Department of Agriculture.

Some of the reasons you may be denied concealed carry permit in Florida

  • The physical inability to handle a firearm safely.

  • A felony conviction, unless your firearm rights have been restored. 

  • A misdemeanor conviction for domestic violence. 

  • 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.

  • A conviction for a misdemeanor crime of violence in the last three years.

  • A conviction for violation of controlled substance laws or multiple arrests for such offenses.

  • A record of drug or alcohol abuse.

  • Two or more DUI convictions within the previous three years.

  • Being committed to a mental institution or adjudged incompetent or mentally defective.

  • Failing to provide proof of proficiency with a firearm.

  • Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.

  • Renouncement of U.S. citizenship.

  • A dishonorable discharge from the armed forces.

  • Being a fugitive from justice.

 

 

What if I was arrested for one of these crimes, but I wasn’t convicted?

A common question is, “What if I was arrested for one of these crimes, but I wasn’t convicted?” For most arrests, you are innocent until proven guilty, so if you weren’t convicted of the crime, it shouldn’t affect your application.

However there are certain crimes that the State of Florida deems so violent that a person would lose their right to own, possess a firearm or purchase a firearm. This type of crime is called a dangerous crime. If you have been arrested and charged with a dangerous crime you ARE NOT ELIGIBLE to apply for a Florida concealed weapons permit. 

 

This is a complete list of all dangerous crimes in the State of Florida;

  • Arson

  • Child abuse

  • Aggravated battery

  • Sabotage

  • Aggravated assault

  • Kidnapping

  • Homicide

  • Sexual battery

  • Robbery

  • Hijacking

  • Carjacking

  • Terrorism

  • Criminal anarchy

  • Extortion

  • Domestic violence

  • Any controlled substance violation

  • Abuse of elder or disabled

  • Illegal use of explosives

  • Sexual activity with a child 12-17

  • Indecent assault or act in the presence of a child under 16 years. 

 

If you have recently been arrested for one of these crimes, you are not eligible to apply for a Florida concealed weapons permit until the case is over and the applicable waiting periods have been met under the law. 

 

If I’ve Been Convicted of a Felony, How Can I Earn Back My Right to Bear Arms?

Felony Conviction Within Florida 

If the felony conviction occurred within the State of Florida, you are NOT ELIGIBLE to apply for a Florida concealed weapons permit until your civil  and firearm rights have been restored by the Florida Office of Executive Clemency.

 

Felony Conviction In Another State 

If the felony conviction occurred outside of the State of Florida, you are NOT ELIGIBLE to apply for a Florida concealed weapons permit until your civil  and firearm rights have been restored by the state in which the conviction occurred

 

Felony Conviction Under Federal Law

If you were convicted of a felony under federal law, you are NOT ELIGIBLE to apply for a Florida concealed weapons permit until you receive  a Presidential pardon.

 

Felony Arrest or Active Charges

If you are currently under arrest or currently charged with any felony, or crime punishable by imprisonment for more than one year; or any crime of violence, including crimes of domestic violence; or any crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state relating to controlled substances.  You are NOT ELIGIBLE to apply for a Florida concealed weapons permit. 

 

Adjudication of Guilt Withheld on ANY Felony

If you have had adjudication of guilt withheld or imposition of sentence suspended on any felony, You are NOT ELIGIBLE to apply for a Florida concealed weapons permit for THREE YEARS after probation or any other conditions set by the court have been fulfilled or the record has been sealed and expunged.

 

 

How Can I Earn Back My Right to Bear Arms After Misdemeanor Crime of Domestic Violence?

Adjudication of Guilt Withheld or Imposition of Sentence Suspended

If you have had adjudication of guilt withheld or imposition of sentence suspended on misdemeanor crime of domestic violence, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been expunged).

 

Conviction 

If you have been convicted or found guilty of a misdemeanor crime of domestic violence, you are NOT ELIGIBLE to apply for a Florida concealed weapons permit. In fact according to federal law, 18 USC 922, you are prohibited from owning, possessing or touching a firearm or ammunition.

A misdemeanor crime of domestic violence includes any misdemeanor conviction or suspended sentence involving the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. Examples include, but are not limited to, spouse abuse, battery/domestic violence, child abuse, assault, etc. A person shall not be considered to have been convicted if the conviction or suspended sentence has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the convicting state provides for the loss of civil rights upon conviction of such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not possess or receive firearms. 

 

How Can I Earn Back My Right to Bear Arms After a Misdemeanor Crime of Violence?

If any of the following applies to you;

  • Found Guilty of a misdemeanor crime of violence

  • Adjudication of Guilt Withheld on a misdemeanor crime of violence

  • Imposition of Sentence Suspended on a misdemeanor crime of violence

You are NOT ELIGIBLE to apply for a Florida concealed weapons permit for THREE YEARS after probation or any other conditions set by the court have been fulfilled or the record has been sealed and expunged.

 

How Can I Get the Ability to Bear Arms if there is a Mental Health Concern?

 Temporary Injunction

If you have been issued an injunction that is currently in force and effect that restrains you from committing acts of domestic violence or acts of repeat violence, you are NOT ELIGIBLE for a Florida concealed weapon permit. 

 

Adjudicated Incapacitated 

If you have been adjudicated incapacitated in accordance with the provisions of Florida Statutes 744.331, or similar laws of any other state you are NOT ELIGIBLE to apply for a Florida concealed weapons permit. 

 

How Can I Earn Back My Right to Bear Arms After I’ve Been Committed to a Mental Institution? 

If you have been committed to a mental institution in accordance with the provisions of Florida Statutes 394, or similar laws of any other state you are NOT ELIGIBLE to apply for a Florida concealed weapons permit. 

Adjudicated Mentally Defective or Incompetent

You are NOT ELIGIBLE for a Florida concealed weapon permit if any of the following applies to you:

(1) You have been adjudicated incapacitated under section Florida Statutes 744.331, or similar laws of any other state;

(2) You have been committed to a mental institution in accordance with the provisions of Florida Statutes Chapter 394, or similar laws of any other state;

(3) You have been adjudicated mentally defective or incompetent in any court. 

 

How Can I Earn Back My Right to Bear Arms After a Substance Abuse Violation?

Controlled Substance Abuse

You are NOT ELIGIBLE for a Florida concealed weapon license if you answer YES to any one of these questions pertaining to committal for controlled substance abuse, committal for alcohol abuse, or DUI conviction DURING THE THREE YEARS PRECEDING THE DATE ON WHICH YOU SUBMITTED YOUR APPLICATION. 

  • Are you an unlawful user of, or addicted to, any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)?

  • Have you been committed under Chapter 397 (or former Chapter 396) or similar laws of another state for alcohol abuse or controlled substance abuse?

  • Have you had two or more convictions under Section 316.193 or similar laws of any other state relating to driving under the influence?

  • Have you been convicted under Section 790.151 relating to using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances?

  • Have you been found guilty of a misdemeanor crime under the provisions of Chapter 893 or similar laws of any other state relating to controlled substances?

  • Have you been deemed an habitual offender under Section 856.011(3) relating to disorderly intoxication?

 

How Can I Earn Back My Right to Bear Arms after a DUI or DWI? 

In the last three years, have you been committed for controlled substance abuse, alcohol abuse or convicted of DUI? If you answered Yes you are NOT ELIGIBLE to apply for a Florida concealed weapons permit for THREE YEARS.

 

Other Florida gun license requirements and Legal Factors that will affect your application:

Fugitive from Justice 

The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. If you are a fugitive from justice, you are NOT ELIGIBLE to apply for a Florida concealed weapons permit. 

 

Dishonorable Discharge from Armed Forces 

If you have been discharged from the United States military under dishonorable conditions, you are NOT ELIGIBLE for a Florida concealed weapons permit.

  

Conclusion 

Getting your Florida concealed carry permit with Tampa Carry is fast, easy and convenient...

...As long as you meet the Florida concealed weapon requirements to issue you a permit.

While minor criminal history will not affect your application, some criminal history will require you to wait three years before applying for your permit, and some criminal charges will prohibit you from obtaining a Florida concealed carry permit permanently.

That's all I have for today. So until next time keep training and stay safe...Talk to you soon,

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...

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Ryan G. Thomas

Ryan believes a trained and aware citizen is the best way to minimize crime, victims and senseless acts of violence. Ryan is a veteran of the United States Air Force and a father of three beautiful children. Ryan and his wife Tiffany met while doing inner city ministry for Operation Explosion in Tampa 12 years ago. He is passionate about God, his family, and his community. Ryan has a passion for the 2nd amendment and believes all Americans should have the right and ability to protect themselves and their families.

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