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DUI Charges and Your Gun Rights

Florida is a concealed carry state.  That means that, with the proper training and licensing, citizens are permitted to carry concealed firearms.  

According to the Florida Department of Agriculture, the requirements for a concealed carry permit are:

  • You must be 21 years of age or older.
  • You must be able to demonstrate competency with a firearm.
  • 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. Those who are 'Resident Aliens' must provide a valid Permanent Resident Alien card.

There are certain conditions which will make a citizen ineligible for a concealed carry permit:

  • The physical inability to handle a firearm safely.
  • A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
  • Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
  • A conviction for a misdemeanor crime of violence in the last three years.
  • A conviction for violation of controlled substance laws or multiple arrests for such offenses.
  • A record of drug or alcohol abuse.
  • Two or more DUI convictions within the previous three years.
  • Being committed to a mental institution or adjudged incompetent or mentally defective.
  • Failing to provide proof of proficiency with a firearm.
  • Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
  • Renunciation of U.S. citizenship.
  • A dishonorable discharge from the armed forces.
  • Being a fugitive from justice.

Two of these conditions apply to some DUI convictions.  If you have two or more DUI convictions within the previous five years, you will be temporarily disabled from concealed carry.  If you are convicted of a third DUI within ten years of a previous DUI conviction, then that is a felony conviction, and you are permanently disabled from a concealed carry permit (unless and until you have your civil rights restored).  

DUI is not considered a crime of violence, and so a single DUI conviction will not make you have to give up your permit.

On the other hand, it goes without saying that alcohol and firearms make a very poor mix.

Copyright 2002-2020 -The Law Office of Thomas S. Hudson, P.A.  All rights reserved. 

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor.