FL Eligibility & Disqualifying Conditions

BASIC ELIGIBILITY REQUIREMENTS AND DISQUALIFYING CONDITIONS



Residency and Age Requirements

• You must be at least 21 years of age unless you are a servicemember, as defined in Section 250.01, Florida Statutes, or you are a veteran of the United States Armed Forces who was discharged under honorable conditions.
• Unless you are serving overseas in the United States Armed Forces, you must CURRENTLY RESIDE in the UNITED STATES (US) AND be a US CITIZEN OR DEEMED A LAWFUL PERMANENT RESIDENT ALIEN by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted. Proof of residence includes, but is not limited to:
1. Monthly utility, telephone, power, or cable bills, which show your name and address.
2. Monthly pay stubs or other documentation from your employer, which show your name and address.
3. Monthly credit card statements, which show your name and address.

YOU MUST BE ABLE TO DEMONSTRATE COMPETENCY WITH A FIREARM

Disqualifying Crimes: Felony Convictions

• It is important to understand exactly what the term “felony” means. A “felony” can be defined as any one of the following:
› a criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in the state penitentiary;
› a crime in any other state or a crime in the United States which is designated as a felony;
› or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding one year.
• If you have been convicted of a felony in the State of Florida, you will be ineligible unless you have had BOTH YOUR CIVIL AND FIREARM RIGHTS RESTORED by the Florida Office of Executive Clemency. If the felony conviction occurred in another state, then your civil and firearm rights must have been restored by the proper authorities in that jurisdiction, and you must meet all federal requirements.
• If you have been convicted of a felony under federal law, you are ineligible unless you have either RECEIVED A PRESIDENTIAL PARDON or been granted relief from federal firearms disabilities.
• If you have had adjudication of guilt withheld or imposition of sentence suspended on a felony charge, you are ineligible UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT-IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged).



Disqualifying Crimes: Misdemeanor Violence (not domestic violence)

• You will be disqualified if you have been found guilty of, or had adjudication of guilt withheld for, a misdemeanor crime of violence UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT-IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged.) This does not apply to misdemeanor crimes of domestic violence.



Disqualifying Crimes: Domestic Violence

• If you have been convicted of a domestic crime of violence, you will be deemed ineligible unless you can show proof of one of the following three conditions:
a) that you have received relief from federal firearms disabilities;
b) that you have received a presidential pardon; or,
c) that a court has sealed or expunged the record.
• If you have had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence, you will be INELIGIBLE for licensure UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT-IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged).



Disqualifying Crimes: Juvenile Offenses

• If in the State of Florida you have been adjudicated delinquent, or have had adjudication of delinquency withheld, for an act that would be a felony if committed by an adult and you are under 24 years of age.
• If in another state, territory, or country you have been adjudicated delinquent, or have had adjudication of delinquency withheld, for an act that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and you are under 24 years of age.



Disqualifying Crimes and Conditions: Substance and Alcohol Abuse

You will be disqualified under any of the following circumstances IF THESE EVENTS OCCURRED WITHIN THE THREE YEARS PRIOR TO THE DATE ON WHICH YOU ARE SUBMITTING YOUR APPLICATION:
• if you have been committed for the abuse of controlled substances; or if you have been found guilty or convicted of a crime involving the possession and distribution of controlled substances (violations of Chapter 893, Florida Statutes, or similar laws of another state); or if you have had multiple arrests for such offenses within the past five years with the most recent arrest occurring within the past year;
• if you have been committed for the abuse of alcoholic beverages or other substances under the provisions of Chapter 397; or if you have been deemed a habitual offender under the provisions of section 856.011(3), Florida Statutes, or similar laws of another state; or if you were convicted two or more times for driving under the influence of alcohol or a controlled substance (violations of section 316.193, Florida Statutes, or similar laws of another).
• if you have been convicted for using a firearm while under the influence of alcoholic beverages under the provisions of section 790.151, Florida Statutes.



Disqualifying Conditions: Mental Health History

• If you have been adjudicated incapacitated, adjudicated as a mental defective, or committed to a mental institution, you will be deemed ineligible unless you have received a presidential pardon or been granted relief from federal firearms disabilities.



Miscellaneous Disqualifying Conditions

• If you were dishonorably discharged from military service, you are automatically disqualified from eligibility.
• If you have been issued an injunction that is currently in force that restrains you from committing acts of domestic violence or acts of repeat violence, you will be disqualified from eligibility until that injunction is no longer in force.
• If you are a fugitive from justice, you are ineligible.
• You must not suffer from a physical infirmity that prevents safe handling of a weapon. Development of a physical infirmity that prevents the safe handling of a weapon or firearm is sufficient cause for suspension or revocation of the license.
• Section 790.06(2)(m), F.S., makes any person ineligible for a Florida concealed weapon license if he is “prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.” This provision allows our Division to deny applications or to revoke/suspend licenses if an applicant or licensee is disqualified from owning or possessing firearms under ANY provision of Florida law other than those specific disqualifying provisions set forth in section 790.06, F. S. Similarly, this provision also allows us to take action against an applicant or licensee who is disqualified from owning or possessing firearms as a result of one of the nine federal firearms disabilities set forth in section 922(g) of the Gun Control Act.