# Florida CCW Issue



## Protectthe2nd

I am trying to obtain a CCW permit in Florida and have run into what seems a discrepancy in law between the FDLE which performs the instant background check when you purchase a firearm, and the Department of Agriculture which issues the CCW permits. 

In 1992 I was convicted of larceny in the state of New York and received a probation sentence. I have since obtained a Certificate of Relief from Civil Disabilities which restores my Civil Rights. There are 3 types you can receive, a type A, type B, and type C. I received the type B which relieves me of all disabilities, and bars to employment. 

The FDLE requires that anyone with a relief of civil disabilities have a type B certificate in order to be approved for the purchase of a gun. I have no problem there, I was approved for the purchase of my handgun. My problem lies where the Department of Agriculture requires that a type C certificate be obtained in order to receive a CCW permit, bear in mind that you cannot have 2 certificates, nor can there be 2 types listed on the same certificate. 

This makes absolutely no sense to me, I can legally purchase, and possess a handgun under Federal Law, but I cannot receive a CCW permit. Florida is supposed to be a "shall issue" state. I have contacted both the FDLE and the Department of Agriculture to let them know what I have run into and each one tells me to contact the other agency and talk to a supervisor. I have tried this and get the "well this is our rules" spiel. 

If I were to contact New York and have the certificate of relief amended to a type C, then when I go to purchase a firearm I will not be approved. I have contacted just about every lawyer in the area and none of them deal with this sort of issue. 

I know that this is a consequence of my actions in the past, but I am doing the right thing. I am at wits end with this and really do not know what to do. The only thing I can think of is to send the application for the CCW permit in, I am wondering if the Department of Agriculture will use the FDLE for a background check, it is Florida's Point of Contact for instant background checks, if so, they would give the DOA an approval for firearm purchase. 

Has anyone here heard of anything like this or have any sort of suggestions? I really would like to carry my handgun legally for self-defense. Without the CCW all I can do is have it in my vehicle "securely encased".


----------



## Baldy

This is the only person I know who can help you and yes he is a lawyer. He knows all the ins and outs to the gun laws in Florida. Good luck.

http://www.floridafirearmslaw.com/


----------



## Lawabidingcitizen

I would like help with this. I have 2 charges both in the state of Michigan. I have a larceny charge from 1996, and another high misdeamenor charge from 2002. It'sbeen ove 10 years for both charges if that matters. I now live in Florida, and would like to have my rights restored. Does a certificate for relief of civil disabilities meany the expunge your record? 

Should I apply for this in the state of Michigan or in Florida and how do I go about doing it? I would like to obtain a CCW for protection and self defense. I have no convictions since 2002 and am a Law Abiding Citizen. Please help


----------



## denner

Are you putting the cart before the horse? As I recall the questions asked on the application for a Fla CC permit are very specific. Have you been denied by DOA after submitting your application? You must be absolutlely candid in the process or face criminal penalties/fines. Just fill out what is requested on the application and mail it in. I would want to say there is an appeals process as well if you are denied, but you need to be denied first. If i were you I'd submit my application and see where that goes.


----------



## Lawabidingcitizen

denner said:


> Are you putting the cart before the horse? As I recall the questions asked on the application for a Fla CC permit are very specific. Have you been denied by DOA after submitting your application? You must be absolutlely candid in the process or face criminal penalties/fines. Just fill out what is requested on the application and mail it in. I would want to say there is an appeals process as well if you are denied, but you need to be denied first. If i were you I'd submit my application and see where that goes.


Thanks for your response. Please read the OP statement first, then I think you wll get a better understanding of what I'm trying to do. I wouldn't submit my app if I know I have a felony and a High Misdemeanor. Again, I'm asking if anyone know's the process of how to obtain a certificate of relief from civil disabilities which allowed him to apply for a ccw. I'm not asking how to apply for a ccw I know how to do that. Just as the OP stated above i'm trying to get my rights as he got them back.


----------



## denner

It sounds like you have a felony conviction and one misdeameanor conviction, not charges. Most states allow for expungement of criminal records if you meet the states criteria via statute. Generally, going ten years or so with no further conviction, having paid all the fines, court costs, etc.. Or, have your civil rights restored by a pardon from the governor. You need to contact a criminal law attorney in Michigan for advice.

http://www.sentencingproject.org/doc/File/Collateral Consequences/Michigan.pdf


----------



## shorezz

Hello,
Have you ever got this situation sorted out? I am about to apply for CRD from NY and attempt to get CCW in FL, so this information would be extremely helpful! Thank you



Protectthe2nd said:


> I am trying to obtain a CCW permit in Florida and have run into what seems a discrepancy in law between the FDLE which performs the instant background check when you purchase a firearm, and the Department of Agriculture which issues the CCW permits.
> 
> In 1992 I was convicted of larceny in the state of New York and received a probation sentence. I have since obtained a Certificate of Relief from Civil Disabilities which restores my Civil Rights. There are 3 types you can receive, a type A, type B, and type C. I received the type B which relieves me of all disabilities, and bars to employment.
> 
> The FDLE requires that anyone with a relief of civil disabilities have a type B certificate in order to be approved for the purchase of a gun. I have no problem there, I was approved for the purchase of my handgun. My problem lies where the Department of Agriculture requires that a type C certificate be obtained in order to receive a CCW permit, bear in mind that you cannot have 2 certificates, nor can there be 2 types listed on the same certificate.
> 
> This makes absolutely no sense to me, I can legally purchase, and possess a handgun under Federal Law, but I cannot receive a CCW permit. Florida is supposed to be a "shall issue" state. I have contacted both the FDLE and the Department of Agriculture to let them know what I have run into and each one tells me to contact the other agency and talk to a supervisor. I have tried this and get the "well this is our rules" spiel.
> 
> If I were to contact New York and have the certificate of relief amended to a type C, then when I go to purchase a firearm I will not be approved. I have contacted just about every lawyer in the area and none of them deal with this sort of issue.
> 
> I know that this is a consequence of my actions in the past, but I am doing the right thing. I am at wits end with this and really do not know what to do. The only thing I can think of is to send the application for the CCW permit in, I am wondering if the Department of Agriculture will use the FDLE for a background check, it is Florida's Point of Contact for instant background checks, if so, they would give the DOA an approval for firearm purchase.
> 
> Has anyone here heard of anything like this or have any sort of suggestions? I really would like to carry my handgun legally for self-defense. Without the CCW all I can do is have it in my vehicle "securely encased".


----------

