If you have been arrested in St. Petersburg, Clearwater or other area of Pinellas County for Domestic Violence or, if you have a domestic violence injunction issued against you, it could forever jeopardize your right to own a firearm or possess a Florida Concealed Weapon or Concealed Firearm License.
Florida Concealed Weapon or Concealed Firearm Licenses
Florida Statute Section 790.01(1) makes it a misdemeanor to carry a concealed weapon, whereas Florida Statute Section 790.01(2) makes it a felony to carry a concealed firearm. Prudent Florida residents avoid the possibility of arrest and prosecution by securing a State issued (Florida Department of Agriculture and Consumer Services) “Concealed Weapon or Concealed Firearm License.” Click here to determine your eligibility for a license to carry a concealed firearm.
The overall number of applications for a Florida concealed weapon permit has nearly doubled in the State of Florida since 2005. In 2008, almost 84,000 people filed an application for a concealed weapon or concealed firearm license. This number is up significantly from 42,000 applications just three years ago. Pinellas County alone has 23,267 residents who hold a valid concealed weapons permit. Four out of every 100 adult Floridians now has a permit to carry a concealed gun and an additional 95,000 people are awaiting action on their pending applications. Of course, a large part of this application review process entails a close examination of criminal records.
Florida Statute Section 790.06(1) authorizes this state regulatory agency to issue a concealed weapons or concealed firearm license only to “qualified persons.” Being “qualified” means fulfilling the prerequisites under Florida Statute Section 790.06(2). For example, the applicant must be at least 21 years of age, have no felony convictions, and demonstrate competency through a firearm safety course. Ineligibility for the license can result from such things as having been committed to a mental institution, committed for the abuse of a controlled substance, or having recently been found guilty of any drug offense listed under Florida Chapter 893.
How a Domestic Violence Arrest can effect a Concealed Weapons or Concealed Firearms Permit
A common reason for denying the issuance of a Florida concealed license often occurs from past incidents of Domestic Violence. Applicants will be denied a Florida concealed weapons or concealed firearm license if:
- They have had an adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless three years have elapsed since probation or any other condition set by the court have been fulfilled, or the record has been sealed or expunged. See: Florida Statute Section 790.06(2)(k);
- They were are the subject of an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or repeat violence. See: Florida Statute Section 790.06(2)(l)
Under Florida Statute Section 790.06(3) the Department will also revoke a previously issued concealed weapons or concealed firearm license when it learns that the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding three years. It will also suspend the license of any one issued an injunction that restrains the licensee from committing acts of domestic violence or acts of repeat violence.
Persons Convicted of Misdemeanor Domestic Violence
If you are convicted of a misdemeanor domestic violence offense:
Under Florida law: You will be precluded from obtaining or holding a concealed weapons or concealed firearm license; and
Under Federal law: You will be precluded from even owning, using or possessing a firearm if the misdemeanor domestic violence offense involved the use or attempted use of physical force or the threatened use of a deadly weapon. 18 U.S.C. Section 922(g)(9).
(Violation of this provision is a federal criminal offense routinely prosecuted by the U.S. Attorney’s Office. Persons convicted of violating this law are subject to penalties of up to ten years incarceration in a federal prison.)
Click here to review a federal government bulletin on domestic violence and firearm ownership.
An Experienced Attorney Can Help Preserve Your Firearm Rights
If you have been arrested for Domestic Violence and have an interest in possessing a firearm it is critical that you immediately contact an experienced St. Petersburg / Clearwater Criminal Defense Lawyer. Just because you have been arrested, does not mean that the State Attorney’s Office is required to follow through with a criminal prosecution. In many cases, we can take action to intervene early on your behalf in an effort to convince the Pinellas County State Attorney’s Office not to bring formal charges against you. Even where formal charges are filed against you, our office is often successful in placing our clients in a domestic violence “diversion program” that will result in the dismissal of the charge. Both of these remedies could preserve your right to go on to lawfully possess a firearm and enable you to secure a Florida Concealed Weapon or Concealed Firearm License. Our office can also discuss with you the possibility of having your Pinellas County domestic violence arrest record expunged.
Call Us for a Free Consultation: (727) 578-0303
The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702
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Click Here for more information regarding solutions to your Domestic Violence charge.
Click Here to read about Domestic Violence Penalties in Florida.
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