Expert: n/a - 3/30/2009

Question
Florida Gun law/application states one is not eligible if they have 2 DUI. Is there a way for one to re-establish eligibility for a carry permit? Mine are 14 years apart and the last 6 years ago. Both misdemeanor. I have recently passed a back ground check for a handgun purchase. If attorney needed, please advise type if known.

Answer
CONCEALED WEAPON PERMITS ARE AT THE DISCRETION OF THE ISSUING AGENCY. THERE IS NO LAW ON HOW THEY ISSUE THEM EVEN FOR A SHALL ISSUE STATE LIKE FLORIDA EXCEPT WHEN YOU ARE RESTRICTED BY THE FEDERAL FIREARM CODES.  JUST BECAUSE YOU CAN PURCHASE A FIREARM DOES NOT MEAN THE STATE HAS TO GIVE YOU A FIREARM PERMIT. YOUR FIRST STEP SHOULD BE TO CALL THE FLORIDA DEPT. OF AGRICULTURE LEGAL DEPT. AND ASK THEM ABOUT THE 2 DUI RULE THEY HAVE.  IF YOU GO THE ROUTE OF EXECUTIVE CLEMENCY YOU ARE TALKING A 2 YEAR WAIT IN FLORIDA AND THEY ARE SUPPOSE TO BE FOR FELONIES ONLY.  THE LEGAL DEPT. SHOULD ADVISE YOU IF THERE IS A WAY AROUND IT OR NOT.  OF COURSE WE KNOW A MISDEMEANOR DUI IS NOT GROUNDS FOR FEDERAL FIREARM RESTRICTIONS BUT AS I STATED BEFORE THE STATE HAS THE RIGHT TO REFUSE ANYONE FROM CARRYING CONCEALED.  THERE MAY BE A TIME FRAME FOR THE TWO DUI'S AND/OR WHEN THEY CAME UP WITH THE DUI RULE IT MIGHT HAVE BEEN AFTER ONE OR BOTH OF YOUR CONVICTIONS.  I WOULD SEE WHAT THE LEGAL DEPT. HAS TO SAY BEFORE I GO FOR A LAWYER.  CALL THEM THEY HAVE NO WAITING PERIOD ON THEIR PHONE LINE CALL THEM DIRECT.  YOU CAN GET THE NUMBER FROM THE WEBSITE. GETTING A NON-RESIDENT PERMIT WON'T DO ANY GOOD BECAUSE FLORIDA DOES NOT RECOGNIZE NON-RESIDENT PERMITS FROM OTHER STATES TO CARRY IN FLORIDA.

GOOD LUCK