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Convictions That May Lead to Revocation of Your Florida Concealed Carry License

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The Second Amendment to the US Constitution protects your right to bear arms, but it is important to understand that there are limitations through various statutes and court cases. One piece of legislation, the Federal Gun Control Act, has critical implications for your firearms rights. If you have been convicted of a felony or other crime punishable by at least one year in prison, in any federal or state court, you are not permitted to purchase or be in possession of a gun.

As a result, a conviction may also have consequences if you currently hold a Florida concealed carry license. Your license is subject to revocation, so it is essential to work with a Florida gun crimes defense attorney who can help fight the charges. Some background on the relevant laws may help you understand the basics.

Florida Concealed Carry Laws and Criminal Convictions: Florida is a “shall-issue” state for purposes of concealed carry laws, meaning that the state issues a license to an applicant who passes a background check and meets other requirements. There are exceptions to the shall-issue rule, however, so you could be denied a concealed carry license OR it could be revoked for various reasons. With respect to criminal activity, the reasons include:

  • A conviction for a crime that is a felony under state or federal law;
  • A finding of delinquency in a juvenile case, which would have been a felony if the person was an adult; and,
  • A conviction or finding of delinquency in another US state or other court, if the offense was punishable by a year in prison.

In addition, you could lose your concealed carry license if you are convicted for domestic violence charges. Most of these cases involve felony charges, so they disqualify an individual automatically. Still, even a misdemeanor conviction for domestic violence may affect your interests.

Concealed Carry and Florida DUI Laws: Your concealed carry license is not at risk after a first or second conviction under Florida drunk driving laws, as these offenses are misdemeanors. Third and subsequent DUI convictions ARE felony charges, so there are implications for your concealed carry license. It will be immediately revoked, and you are required to surrender your firearms – since convicted felons are not eligible to carry, purchase, or possess guns. Violation of the law, either through refusal to surrender or carrying as a convicted felon could lead to charges for illegal possession. The offense is a Second Degree Felony punishable by up to 15 years in prison.

A Florida Gun Crimes Defense Lawyer Can Help with Your Case

If you were arrested for a crime and have concerns about how the case will affect your concealed carry license in Florida, it is important to retain skilled legal counsel right away. It may be possible to fight the charges, work out a plea bargain, or take advantage of other strategies to obtain a favorable outcome. For more information, please contact Fort Lauderdale gun crime attorney Kevin J. Kulik to schedule a confidential consultation at our office.

 

atf.gov/rules-and-regulations/gun-control-act

https://www.kevinkuliklaw.com/three-types-of-encounters-with-police-and-how-they-affect-your-rights/

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