Legal Question in Criminal Law in Florida

I am planning on applying for my Concealed Carry license in the next week or so.

Nearly 3 years ago I was booked by my local police department for possession of a small amount of marijuana and possession of paraphernalia. I was 18 at the time.

Being my first encounter with the law, I was lucky enough to have the option of doing Pre Trial Diversion (which I took) and later had the record expunged after completing a number of community service hours, and being subject to a substance abuse evaluation/treatment (which entailed going to Narcotics Anonymous meetings for a number of weeks in addition to weekly group meetings at a substance abuse counseling facility - most other people being there for DUIs)

I completed all necessary requirements for the record to be expunged, which it was, and now nearly three years later I am wishing to obtain a concealed carry license.

My question is related to yes/no questions on the Florida application to obtain a CCW license.

Questions 13a, 13b, and 13c, on the application have the added fine print "If you answered YES to any of these questions, you are not eligible for licensure.

The questions are as follows:

13. During the three years preceding the date of this application, have you been:

a. Committed for the abuse of controlled substances, or been found guilty or convicted of a crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state, or had multiple arrests for such offenses within the past five with the most recent arrest occurring within the past year? (yes/no)

b. Committed for the abuse of alcoholic beverages, or other substances under the provisions of Chapter 397, or under the provisions of former Chapter 396, Florida Statutes, or convicted under Section 790.151, Florida Statutes, or been deemed a habitual offender under the provisions of Section 856.011(3), Florida Statutes, or similar laws of any other state? (yes/no)

c. Convicted two or more times under Section 316.193, Florida Statutes, or similar laws of any other state for driving under the influence of alcohol or a controlled substance? (yes/no)

I know I can answer no for the last part, considering it wasn't a DUI/DWI, but the first two parts are confusing as a I don't know if having to do the substance abuse classes for the Pre Trial diversion counts as being "committed for the abuse of controlled substances..." in either of these questions.

I know (at least I'm 90% sure), that because I went through the program and had the record expunged that I was never convicted, but this question of being "committed" is making me hesitant to mark 'no' on these couple of questions.

Thanks for any help!


Asked on 1/31/17, 1:27 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Your question really belongs in the paid section. Getting a CCW permit is not a yes|no question, but an it depends question. Further you need to talk to a firearms attorney, not a criminal defense attorney.

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Answered on 2/16/17, 6:58 am


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