Yulee, FL asked in Criminal Law and DUI / DWI for Florida

Q: I got a DUI in New Jersey in 1987, and moved to Florida in 2020 and my application for conceal carry was rejected, why?

I got a DUI in New Jersey in 1987, and they added a eluding charge (2c:29-2b). This is the only blemish on my record. I moved to Florida in 2020 and took a Conceal Carry training course and applied for my permit and was rejected by the FBI. State law says I can still buy a weapon, but how do I transport to the range or hunt? And how do I get this ridiculous charge expunged from my record?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: You can lawfully transport your firearm to the range, to hunt or for other lawful purposes, if it is "within the interior of a private conveyance, ..., if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25 (5).

See also subsection (3) (g), which allows open carry under the following circumstances:

"(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition. ..."

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