Altamonte Springs, FL asked in Civil Rights and Health Care Law for Florida

Q: Hello, I am a 24 year old Florida Resident. My questions relates to a concealed weapon permit and purchase of firearms.

I have no criminal history or even traffic citations. I was however Baker Acted when I was 17 for suicidal ideation. I was not handcuffed and there was no police report. I wanted to know if this baker act would show up when applying for a concealed weapons permit or gun purchase (since I was a minor), as well as the options I have if they do. I have made great strides since then and am no longer mentally ill.

Thank you,


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1 Lawyer Answer
Stephen K. Brooks
Stephen K. Brooks
  • Winter Haven, FL
  • Licensed in Florida

A: Most likely the answer is yes, it will show up.

License to carry concealed weapon or firearm:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001 (9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

The Department of Agriculture and Consumer Services shall issue a license if the applicant:

(i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state, unless 5 years have elapsed since the applicant’s restoration to capacity by court order

(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application.

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