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Denied CCW for a noise complaint

10K views 32 replies 14 participants last post by  mike_1950 
#1 ·
Hello Everyone,

I tried to perform a search on this topic, but could not find anything related to my situation. I really hope someone can help. I was initially denied for a CCP based on false information concerning a domestic violence charge many years ago in NJ. I was not convicted of simple assault (domestic Violence) The charge was amended to a city ordinance of a noise complaint.

I went to regional DOA office, and showed them the certified disposition stating the above. The rep. took the form to his office, and returned 20 minutes later to inform me that they are now denying my application based on the disturbing the peace charge (noise complaint)

There is nothing in the requirements listed that say I can be denied on this. Its a ticket, not even a misdemeanor? The regional rep told me that I would have to request a formal hearing, but the time has expired to do so. I feel I should not have to have a hearing. I shouldn't of been denied in the first place.

If anyone can point me in the right direction here, I would be very greatful.

Thank you very much for the opportunity to post!
Brian
 
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#2 ·
All you are going to get on here is a bunch of do this and do that. But in the end it sucks, but you are going to need an attorney to help you that knows how to navigate this system. You can try it yourself, but it will take a lot longer and probably more time and money than if you simply have a lawyer draft a letter asking for just cause or something of the sort.
 
#3 ·
Welcome to FCC from Palm Beach County, avtech1! :wave

Yes, as Telum Pisces posted, seek out an attorney knowledgeable in Florida firearms law. This is an example of how www.FloridaCarry.com might be able to help.

Furthermore, since this was your first post to FCC, now would be a good time to also go back and post you're own Introduction thread to FCC so the members get to know you. You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering questions!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Finally, I would like to recommend you consider joining Florida Carry and join the effort to protect the rights of Floridians to keep and bear arms!

Again, welcome to FCC! :grin
 
#6 ·
I would agree, this is attorney stuff and you will just be frustrated if you try it yourself.............
 
#7 ·
Send a PM to Shark1007...He doesn't practice law anymore, but he knows his stuff. He has helped some members in the past. ebl
 
#9 ·
Spoke with Fl. DOA legal department today concerning my CCP app status, and dealt with a barrage of threats and other nonsense. Basically, they are telling me that the certified court disposition, stating that I was not convicted of a domestic violence charge, is not enough to convince them. They want to re-try me on the 10 year old charge. I do not know what else I can submit to them that will be more powerful than a case disposition from the court that held jurisdiction over the case, and the judges signature. What I can't understand is, they let me purchase firearms, but also say I have a DM conviction on my record??
 
#11 ·
I hear ya, but attorneys are expensive. I can't understand how the DOA can just ignore the laws set forth by the Fl legislature. I proved to them, by submitting the info they requested, that I am 100% eligible to carry in Fl, and they still say no. I have contacted my state senator in my district, but am not to confident he can do anything. The Fl. DOA is an executive agency that is circumventing the laws of the state as they please. I really don't think an attorney can do anymore than I have done already, but appreciate your direction.
 
#17 · (Edited)
If you are a FL resident, you cannot carry on another state's permit past 90 days of establishing residency!!!!!!! That' is stated plain as day in the laws.

790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.—
(1) Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:
(a) Is 21 years of age or older.
(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.
(c) Is a resident of the United States.
(2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.
(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by:
(a) Registering to vote;
(b) Making a statement of domicile pursuant to s. 222.17; or
(c) Filing for homestead tax exemption on property in this state,
the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence.


(4) This section applies only to nonresident concealed weapon or concealed firearm licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.
(5) The requirement of paragraph (1)(a) does not apply to a person who:
(a) Is a servicemember, as defined in s. 250.01; or
(b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions.
 
#18 ·
Thanks so much for the referral. I spoke to him last night, and he is something else!! He still has me laughing! I am sending him my paper work now, and he will review. Thanks again man. Please let me know if I can ever help you.
 
#22 ·
Yep...that sounds like Shark. He knows his stuff and better than that...he knows a lot of high power people. He helped another member here with a single phone call to the right person. I am not saying that will be your case, but you reached out to the right guy. ebl
 
#19 ·
Great advise! Thank you. I thought about that today while driving. Do you have to be a resident of the particular state a may choose? I am still gonna fight this though in Fl because they started a fire here, and I enjoy a good fight I believe I can win. :)) It pisses me off that the FL DOA feels they can circumvent the law, and do as they please. I can only imagine how many people they have done this to. When I spoke to the DOA legal department, the blinds were lifted. The way this individual spoke to me was atrocious. They act like they are untouchable.

There are two ways to achieve political clout. One is buy it, the other is solidarity of likeminded people who are proactive. Hopefully I can call on people here, and elsewhere, who feel the same, when the time is right. I appreciate everyone's input on this issue.
 
#20 ·
Again, as others have pointed out, you cannot carry in Florida on a permit from another state, if you are a Florida resident. Nor can you carry on a nonresident permit from a state other than your state of residence (i.e., a Utah non-resident permit is no good for carry in Florida). So seeking out a non-resident permit from another state won't help you if your goal is to carry on your person in Florida.
 
#24 ·
Good luck, by the sounds of it, as you have explained it, I do not see how they can deny you. Great to know there are members on here who are knowledgeable and connected that are willing to help out. I do not know this person they speak of but sounds like a good dude. Stay vigilant, do not let them take your right away from you.
 
#25 ·
I have researched this for a long time. The only people who have issues, are the one's with a DM conviction in the past. I have never been convicted of DM, plus this situation is over 10yrs. old. I am really frustrated that I can't find the right person in Fl. DOA who is level headed enough to give this a second look without prejudice. I am not giving up! I will continue to fight for this. Thank you all for your input
 
#26 ·
Are you not waiting to see what Shark is able to do? Have you not contacted FloridaCarry.org? It's rare for people to have this much trouble, if all is as you've represented here. Also, sometimes one comes across people in positions of authority that don't know their own regulations. It sucks to be frustrated, but the right thing will happen in the end. I'm sure of it!
 
#27 ·
I received a phone call from Fl. DOA today notifying me that they have issued my CCP. Pleasant surprise!! I will receive it by mail in 7-10 days. I want to thank you all for your direction, and positive input. Very much appreciated!
 
#29 ·
Your license was issued on 02/08/2018. Please allow up to 15 business days for your license to be printed and mailed. If you do not receive your license within that timeframe, please contact us via live chat or call our Public Inquiry Section at (850)245-5691 for additional information. Very happy!!!
 
#30 ·
Glad to hear, stay safe.
 
#33 ·
Sure is a good thing we live in a gun friendly, pro 2A state like Florida or else you would have had problems getting you CC license.!!! ........ By the way....that was Sarcasm...I remembered to add that footnote for the humor challenged individuals in here.
 
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