Concealed Weapon Permit after an Arrest
About 1.6 million people in Florida currently have a concealed weapons permit. Between October 1987 and April 2016, Florida revoked 10,841 concealed weapon or firearm license permits, according to a summary provided by Florida’s Division of Licensing within the Florida Department of Agriculture and Consumer Services.
The firearm license can be revoked for a number of reasons including:
- the filing of formal charges;
- criminal conviction;, or
- the misuse of a firearm.
After a person with a Florida Concealed Weapon or Firearm License is arrested or formally charged with any criminal offense, the Florida Department of Agriculture and Consumer Services, Division of Licensing (“the Division”) will issue a “notice of suspension” under Florida Statute Section 790.06(3).
The notice of suspension will notify the concealed firearm holder of the following:
- pending criminal charges;
- disqualifying criminal history information including a felony conviction or a conviction for a misdemeanor crime of domestic violence;
- whether the license holder was arrested or formally charged; and
- the license holder’s rights and obligations.
The Department of Agriculture and Consumer Services, Division of Licensing, will mail you an administrative complaint notifying you of their intention to revoke the firearm license and your right to request a formal review hearing within 21 days. You might also receive a letter that your application for a license has been SUSPENDED or DENIED.
When the facts upon which the agency is basing its decision are in dispute, you are entitled to have an attorney demand a formal review hearing and attach a petition or written statement of disputed issues of material facts.
Your attorney can then schedule a formal hearing with an Administrative Law Judge of the Division of Administrative Hearings where your attorney can present evidence and argument on the issue. In many of these cases, an experienced attorney can convince the department to correct any mistake.
Attorneys for Concealed Weapons Permits in Tampa, FL
If you have been arrested for or charged with any criminal offense that impacts your concealed weapon or firearm license in the State of Florida or your application, then contact an attorney in Tampa, FL, with Sammis Law Firm to discuss your rights.
We also represent clients if their application for a concealed weapons permit has been wrongfully suspended or denied because of a misunderstanding regarding the criminal history. To fix the problem so that the application can be processed quickly, we typically charge a flat fee of $1,500.00 to file the demand for a hearing with a list of the disputed facts to be litigated during the formal hearing.
We represent clients throughout the greater Tampa Bay area including Tampa in Hillsborough County, St. Petersburg and Clearwater in Pinellas County, New Port Richey and Dade City in Pasco County, and Brooksville in Hernando County, Florida.
Call (813) 250-0500 today.
Administrative Complaint from the Florida Division of Licensing
An administrative complaint from the Department of Agriculture and Consumer Services, Division of Licensing, is mailed certified mail return receipt.
The administrative complaint informs you of the right to a hearing pursuant to Chapter 120, Florida Statutes. The administrative complaint advises you that a request for a hearing must be made within 21 days of the date of receipt of the complaint.
If you fail to request a hearing within 21 days, then your right to a hearing is waived and the final action will be taken by the division. If you do not timely request a hearing, the statement of facts and law in the administrative complaint are adopted and incorporated by reference.
Then based on a complete review of the record, it is ordered that your concealed weapon or firearm license will be revoked pursuant to Section 790.06, Florida Statute. If not previously returned to the Division of Licensing, upon receipt of the final order, you are required to immediately return your firearm license to the Division of Licensing.
The Final Order constitutes final agency action. You have the right to seek judicial review under Section 120.68, Florida Statute. The proceedings are commenced by filing a Notice of Appeal, pursuant to Rule 9.190, Florida Rules of Appellate Procedure.
The notice of appeal is served at the following address:Florida Deputy Clerk of the Department of Agriculture and Consumer Services
Division of Licensing
P.O. Box 5708
Tallahassee, FL 32314-5708
The Notice of Appeal is filed in the appellate district where the party resides. The notice of appeal must be filed within 30 days of the Order filed with the Deputy Clerk of the Division.
Notice of Suspension of Application under Section 790.06(3)
We also represent clients who receive a NOTICE OF SUSPENSION OF APPLICATION under Section 790.06(3), Florida Statutes, that the Department of Agriculture and Consumer Services, Division of Licensing.
The notice informs you that the Department has suspended the processing of your application for a Concealed Weapon or Firearm License based upon criminal history information indicating that you were arrested or formally charged with a crime when the Department needs additional time to confirm that the disposition of the case or cases does not affect your eligibility for a license.
If you have the documents to show you are eligible, an attorney can request a formal review hearing and present those documents at the hearing. If the documents submitted at the hearing appear sufficient to merit further review, then Section 790.06(3), Florida Statute, no longer requires the division to suspend the processing of the application.
In those cases, after the hearing the director of the Division of Licensing will issue an order lifting the suspension of the processing of the application.
The Department of Agriculture and Consumer Services might also send you notice that your application has been DENIED because of a disqualifying criminal history. For example, under Section 790.06(2)(n), Florida Statutes, and 18 USC 922, you do not qualify if you have a conviction for a misdemeanor crime of domestic violence.
To overcome this problem and be eligible for licensure, your attorney can demand a hearing and submit a copy of the court document mandating that the record of this crime be expunged.
Obligation to Return Your Florida Concealed Weapon or Firearm License
After receiving notice of the suspension, you must return your concealed weapon and firearm license to the division of licensing immediately. Under Florida Statute Section 790.01, if you carry a concealed firearm or weapon after receiving notice of suspension you can be charged with a criminal offense as provided by Florida Statute Section 775.084, 775.083 and 775.082.
Florida Statute Section 790.10 provides for certain criminal penalties if any person carries a concealed firearm or weapon after receiving notice of suspension or revocation.
Length of Suspension of Florida Concealed Weapon Permit
The suspension of your Florida concealed weapon permit will last until you provide the Florida Department of Agriculture and Consumer Services, Division of Licensing (“the Division”) with proof in writing that you were acquitted of the criminal charges or that the disposition of the criminal charges does not impact your eligibility of licensure.
If the disposition of the criminal charges does impact your eligibility for licensure under Florida Statute 790.0, then the Division of Licensing will issue an administrative complaint which may result in the revocation of your license.
Additionally, the “notice of suspension” process also applies if the licensee is served with a domestic violence or repeat violence injunction or order of protection.
Formal or Informal Administrative Hearing to Contest Suspension
Under Florida Statute Section 120.57, you may complete the Election of Rights form and file it with the Division of Licensing to request either an informal or formal hearing. The Election of Rights form must be completed and returned within twenty-one (21) days of receiving the constructive notice which can be determined by looking at the date of the certificate of service in the Notice of Suspension letter.
In most cases, it is better to request a formal review hearing which preserves additional rights and allows additional avenues of attacking the suspension. The Election of Rights Form must be returned to the following address:Florida Department of Agriculture and Consumer Services
Division of Licensing
P.O. Box 3168
Tallahassee, Florida 32315-3168
Requesting an Informal Hearing of Suspension of the Florida Concealed Weapons Permit
If the license holder requests an informal hearing then the license holder is basically stipulating to the facts stated in the notice of suspension. In other words, the license holder agrees that he was either arrested or formally charged with certain criminal offenses on a certain date.
The main purpose of the informal hearing is that it allows the license holder to make an explanation of certain facts by submitting a written statement or by speaking at the informal hearing when those facts are not true.
The informal hearings are held before a hearing officer of the Department of Agriculture and Consumer Services as provided in Chapter 28-106 of the Florida Administrative Code and Florida Statute Section 120.57(2) and 120.569.
If the concealed weapon license holder does not file the Election of Rights form with the Division of Licensing within twenty-one (21) days of receipt of the Notice of Suspension then the license holder is deemed to have waived his right to a formal or informal hearing.
Thereafter, the notice of suspension is deemed to be final on the twenty-first day after the receipt of the notice.
Written Statement in Lieu of Appearance
Although it is not usually in the best interest of the license holder, the license holder can choose to submit a written statement instead of appearing in person at the informal review hearing.
In order to submit a written statement, the license holder must request an informal hearing and attach the written statement to the Election of Rights form and return the form to the Florida Department of Agriculture and Consumer Services, Division of Licensing.
After the written statement in lieu of appearance is submitted, the hearing officer assigned to the case should send the license holder a written acknowledgment of receipt of the written statement. The hearing officer will also notify the license holder of the date by which any supporting documents must be received by the hearing officer.
After that date, the hearing officer will review your statement and the supporting documentation submitted and issue a recommended order. The license holder will receive a copy of the hearing officer’s recommended order by mail.
Requesting a Formal Hearing of Suspension of the Florida Concealed Weapon Permit
If you wish to dispute the facts upon which the agency wishes to base the suspension of your concealed firearm permit, then you must attach to the Election of Rights form a statement in writing which describes the facts in dispute and formally requests that the hearing be conducted in accordance with Chapter 28-106 of the Florida Administrative Florida Statute Section 120.57(1) and 120.569
Appeal of Final Agency Action to Suspend or Revoke Concealed Weapon Permit
The suspension can become final on the 21st day if no request for a hearing is made or after an order is entered after the formal or informal hearing. Thereafter, the license holder may appeal to an appellate court by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 within thirty (30) days of the final agency action.
Finding an Attorney for Firearm License Revocations in Florida
If you have been arrested or charged with a concealed weapons charge or are facing a revocation of your concealed weapons license because of an arrest or formal charges, then contact a Tampa criminal defense attorney at Sammis Law Firm.
We can also help you contest a notice of suspension or application suspension by demanding a formal review hearing, when appropriate.
We represent clients in Tampa and Plant City in Hillsborough County, St. Petersburg and Clearwater in Pinellas County, Bartow and Lakeland in Polk County, Brooksville in Hernando County, Dade City and New Port Richey in Pasco County and Bradenton in Manatee County, Florida.
Call (813) 250-0500 today.
This article was last updated on Monday, September 16, 2019.