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Category: Criminal Law
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Experience:  30 years legal experience
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Florida Ag is in denial of giving me a conceal and carry license

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Florida Ag is in denial of giving me a conceal and carry license do to a arrest over 30 years ago (in Illinois). I pointed out to them 790.06 that the three years have elapsed. Ill issued me a gun card They still refused me. What is the next step
Good afternoon,

I'm sorry to hear of your dilemma.

Are you specifically referring to sub paragraph (e): Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted;...
Customer: replied 7 years ago.
Im referring 790.06 #3 Statutes & Constitution
Was the misdemeanor 30 years ago, by chance, for domestic violence?
Customer: replied 7 years ago.
Thats what they want me to prove otherwise. 790.06 #K addresses this also and 3 years must have passed. It was in Illinois and geting records I was told I had to be there in person to get records .Trying to just follow the rules. Any ideas?
Good afternoon,

You didn't answer my question. The problem that you have here is there is a federal law which prohibits any person convicted of domestic violence from being able to possess a firearm.

While Illinois may have issued you a card, FL is not obligated to do so. If your conviction is ambiguous, then it is within the right of the state to force you to prove that the conviction was not for a crime punishable in FL as domestic violence.

To be legal as far as the feds are concerned, you will have to have an expungement of your criminal record of domestic violence and a specific court order granting you beck your rights to possess firearms. Here is the law regarding domestic violence convictions:

So, even if you talk FL into giving you a card--the BATF can come to your home, arrest you, prosecute you and drop you off for a 5 year stint at club fed.

My idea is to apply in Illinois for an expungement of the criminal record, and failing that seek a pardon from the Governor of Illinois. Short of that, give up the idea of getting that Florida Conceal Carry License.

I wish you well in 2020.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the orange Accept icon so that I can receive credit for having assisted you.

Best regards,


Edited by LawTalk on 2/24/2010 at 10:14 PM EST
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