if you had your felonies drop can you get a concealed permit for handgun


bofh

Banned
I am probably going to regret this, but here we go.

Welcome to the forum. You should have posted this question in the sub-forum of your state of residence. Handgun carry permit laws are state specific and it entirely depends on your state of residence and criminal history if you need to or can get some type of handgun carry permit.
 

flyingron

New member
OK, he said "state jail felony" in his other thread. That would place him in Texas.

Now we need to understand what he means by "dropped." Are you saying you successfully completed the deferred adjudication, the charge is dismissed and you have no felony conviction as far as the law is concerned. If you mean you were on straight probation and you completed it, you have a problem. Texas will restore your gun rights after five years and a judge can restore them sooner, but the feds will NOT.

Note as far as the concealed permit, the discharged deferred adjudication won't bar you from getting the license. A felony, even if your rights were restored, will bar you. Recent misdemeanors (last five years) will also result in denial
 

grizzerr

New member
Based on the vague information you've posted you'd be better off checking your state's concealed carry website.
 

SR9

New member
You need to check with the issuing authorities in your state, which you failed to mention.
 

NewWaveGuy

New member
OK, he said "state jail felony" in his other thread. That would place him in Texas.

Now we need to understand what he means by "dropped." Are you saying you successfully completed the deferred adjudication, the charge is dismissed and you have no felony conviction as far as the law is concerned. If you mean you were on straight probation and you completed it, you have a problem. Texas will restore your gun rights after five years and a judge can restore them sooner, but the feds will NOT.

Note as far as the concealed permit, the discharged deferred adjudication won't bar you from getting the license. A felony, even if your rights were restored, will bar you. Recent misdemeanors (last five years) will also result in denial
Will all misdemeanors that are recent bar one from getting a license, or only violent ones? Just curious, I'm a Floridian. In Florida only violent ones will.

Will the feds bar one from getting a license with misdemeanors, or only felonies? Thanks!

Just looked up the federal law, domestic violence misdemeanors will bar one from a license.
 

bofh

Banned
Will all misdemeanors that are recent bar one from getting a license, or only violent ones? Just curious, I'm a Floridian. In Florida only violent ones will.

Will the feds bar one from getting a license with misdemeanors, or only felonies? Thanks!

Just looked up the federal law, domestic violence misdemeanors will bar one from a license.

Which exact federal law regulates state-issued carry permits?
 

NewWaveGuy

New member
Hmmm... bifh, I think I see your point. My understanding, and I just read an ATF's ruling is that 18 U.S.C. section 922 prohibits felons and those convicted of misdemeanor domestic violence from possessing a firearm. So even though felons and those convicted of misdemeanor domestic violence are forbidden to possess a firearm, states still have the right to issue to whoever they want a carry permit? Or am I missing something altogether? Thanks!
 

NavyLCDR

New member
Hmmm... bifh, I think I see your point. My understanding, and I just read an ATF's ruling is that 18 U.S.C. section 922 prohibits felons and those convicted of misdemeanor domestic violence from possessing a firearm. So even though felons and those convicted of misdemeanor domestic violence are forbidden to possess a firearm, states still have the right to issue to whoever they want a carry permit? Or am I missing something altogether? Thanks!

They certainly can issue carry permits to whomever they want - but for a person prohibited by Federal law it would still be illegal for them to actually carry a firearm.

In regards to misdemeanors and length of sentence as a prohibition - you have to look at 18 USC 921:
https://www.law.cornell.edu/uscode/text/18/921

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
 

NewWaveGuy

New member
They certainly can issue carry permits to whomever they want - but for a person prohibited by Federal law it would still be illegal for them to actually carry a firearm.

In regards to misdemeanors and length of sentence as a prohibition - you have to look at 18 USC 921:
https://www.law.cornell.edu/uscode/text/18/921

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

I read the other part you quoted but not the part above. Thanks! I didn't even know there were states that have misdemeanors that can be punishable by TWO years imprisonment.

This has been a most interesting thread! But I'm curious, what's the big deal about states being able to issue a carry permit to folks who can't legally own a gun? (It seems [to me] like it's a useless right of the state. Unless the states push to do away with the feds regulating who can and can't legally own a gun. So then it may appear useless now, but may be VERY important in the future. FASCINATING!)
 

bofh

Banned
Hmmm... bifh, I think I see your point. My understanding, and I just read an ATF's ruling is that 18 U.S.C. section 922 prohibits felons and those convicted of misdemeanor domestic violence from possessing a firearm. So even though felons and those convicted of misdemeanor domestic violence are forbidden to possess a firearm, states still have the right to issue to whoever they want a carry permit? Or am I missing something altogether? Thanks!

If one is prohibited from possession of a firearm by federal law the first place, then a state-issued carry permit can't change that. Possession of a firearm (loaded or unloaded) is a significantly broader term than carrying a loaded firearm in public. One can be in possession of a firearm while not carrying it.
 

flyingron

New member
Every state has it's own laws, it probably would have been better to start a new thread on your Florida question rather than tacking on to one about Texas.

The other respondents gave good answers. A DV conviction without civil rights restoration from the entity that convicted you will bar you from even possessing a weapon regardless of what your state says. This is particularly onerous in states such as Florida and California which do not (on the state level) sanction those with DV convictions. Had you had a felony you might be able to get your rights restored on the state level which the feds will honor. Since they don't remove your rights on a misdemeanor DV conviction, there's no process to restore them that the feds will recognize.

Anyhow, to get to the specific question about Florida and their CWL (they call it the CONCEALED WEAPON LICENSE) you are ineligible with the following criminal history:

1. You have a felony conviction (and rights were not restored)
2. Had adjudication withheld or suspended sentence for a felony in the past three years.
3. Misdemeanor crime of violence conviction in the past three years.
4. Any drug conviction.
5. Multiple arrests even without convictions for drugs (ouch!)
6. Two or more DUIs in the past three years

(there are other requirements with regard to drug abuse, dishonerable discharge, mental issues, etc...).
 

NewWaveGuy

New member
Every state has it's own laws, it probably would have been better to start a new thread on your Florida question rather than tacking on to one about Texas.

The other respondents gave good answers. A DV conviction without civil rights restoration from the entity that convicted you will bar you from even possessing a weapon regardless of what your state says. This is particularly onerous in states such as Florida and California which do not (on the state level) sanction those with DV convictions. Had you had a felony you might be able to get your rights restored on the state level which the feds will honor. Since they don't remove your rights on a misdemeanor DV conviction, there's no process to restore them that the feds will recognize.

Anyhow, to get to the specific question about Florida and their CWL (they call it the CONCEALED WEAPON LICENSE) you are ineligible with the following criminal history:

1. You have a felony conviction (and rights were not restored)
2. Had adjudication withheld or suspended sentence for a felony in the past three years.
3. Misdemeanor crime of violence conviction in the past three years.
4. Any drug conviction.
5. Multiple arrests even without convictions for drugs (ouch!)
6. Two or more DUIs in the past three years

(there are other requirements with regard to drug abuse, dishonerable discharge, mental issues, etc...).

Hey flyingron,

I didn't ask a question about Florida, my question was about Texas.
 

bbarnard76

New member
For Concealed Weapon License Florida lists:
Possible Reasons for Ineligibility:
The physical inability to handle a firearm safely.
A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
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.

You can find a more in depth list on the application at Link Removed

But I also know that Florida has provisions that will allow you to petition for your rights to be reinstated.
 

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