Jonathan Myrick
New member
I need to know
I am probably going to regret this, but here we go.
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.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.
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—
(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.
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!
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...).
I need to know