Hi all. New member here. I will try to be as brief as possible while being as thorough with the details as possible. I'm hoping that one of you may be able to give some solid advice on a possible course of action. I've been in the process of obtaining my permit for 110 days. October 2nd 2018 my application was received by the Dept. of Agriculture. Around December 8th, I received a notice of suspension of application. The reason, pursuant to Section 790.06(3), Florida Statutes, the application was suspended based upon criminal history indicating that on May 22nd 1989, 30 years ago, I was arrested or formally charged with 2 counts of DEADLY WEAPON-CONCEAL in Maryland. I was given the option to request an informal hearing at which I could present any documentation in regards to the final disposition of the case. Of course I chose that option rather than wait to see if they will ever receive or try to find out what the final disposition was. So I wait for a hearing to be scheduled and in the meantime, I make several calls in an attempt to obtain the police report or court records, to no avail. I even did online records search through the district and circuit courts of Maryland to find record of the case. Nothing. I should add that the arrest is legitimate and it's the only arrest I've ever had. I know I was never convicted but I don't recall the exact final outcome as far as if I had adjudication of guilt withheld. I believe that the charges were dropped and no further action was taken.
At any rate, I started to do some research on the laws in regards to this situation and came up with what I believe to be a suspension for a non disqualifiable crime. Here is why I believe this:
According to both Florida and Maryland laws, There are two different weapons charges, Concealed Weapon and Concealed Firearm. One is a misdemeanor, the other a felony. I think we all know which is the felony. Maryland law even states that a concealed weapon does not mean a firearm. Therefore, it would not have been a felony. I should also add that the concealed weapons were a knife and brass knuckles, not firearms.
According to Florida 790.06(3), disqualifiable crimes are either felonies, crimes of domestic violence, substance or alcohol abuse crimes or MISDEMEANOR CRIMES OF VIOLENCE. Stated on the D.O.A website under disqualifiable crimes, misdemeanor crime of violence is defined as a crime that involves use, attempted use or threatened use of violence against another person. Concealing a weapon is not a crime of violence unless used in an attempt to harm.
So, I gave up on trying to obtain final disposition and I wait for my hearing that was scheduled for Jan. 22 (yesterday) in Jacksonville. I arrive to the "hearing" to find out that I will be sitting in an empty conference room talking to a faceless voice on a speaker phone. I can't even look the person in the eyes that will be deciding if I can exercise my 2nd amendment right. Any way, I state my case based on the information I stated in the previous paragraphs. I feel confident in my understanding of the laws but I don't feel confident that this hearing officer agrees with or cares what the law states. In closing of the hearing, the hearing office made the comment that SHE would take my testimony into account in the decision and I will receive final decision in 2 to 4 weeks. Did I hear her right? A single, faceless, bureaucrat holds my 2nd amendment right in her hands?
So, I guess I wait to see. In the meantime I will continue to obtain record of final disposition of the arrest. My question is, am I wrong in my interpretation of the statutes? Is the arrest for a disqualifiable crime? Any insight would greatly appreciated.
At any rate, I started to do some research on the laws in regards to this situation and came up with what I believe to be a suspension for a non disqualifiable crime. Here is why I believe this:
According to both Florida and Maryland laws, There are two different weapons charges, Concealed Weapon and Concealed Firearm. One is a misdemeanor, the other a felony. I think we all know which is the felony. Maryland law even states that a concealed weapon does not mean a firearm. Therefore, it would not have been a felony. I should also add that the concealed weapons were a knife and brass knuckles, not firearms.
According to Florida 790.06(3), disqualifiable crimes are either felonies, crimes of domestic violence, substance or alcohol abuse crimes or MISDEMEANOR CRIMES OF VIOLENCE. Stated on the D.O.A website under disqualifiable crimes, misdemeanor crime of violence is defined as a crime that involves use, attempted use or threatened use of violence against another person. Concealing a weapon is not a crime of violence unless used in an attempt to harm.
So, I gave up on trying to obtain final disposition and I wait for my hearing that was scheduled for Jan. 22 (yesterday) in Jacksonville. I arrive to the "hearing" to find out that I will be sitting in an empty conference room talking to a faceless voice on a speaker phone. I can't even look the person in the eyes that will be deciding if I can exercise my 2nd amendment right. Any way, I state my case based on the information I stated in the previous paragraphs. I feel confident in my understanding of the laws but I don't feel confident that this hearing officer agrees with or cares what the law states. In closing of the hearing, the hearing office made the comment that SHE would take my testimony into account in the decision and I will receive final decision in 2 to 4 weeks. Did I hear her right? A single, faceless, bureaucrat holds my 2nd amendment right in her hands?
So, I guess I wait to see. In the meantime I will continue to obtain record of final disposition of the arrest. My question is, am I wrong in my interpretation of the statutes? Is the arrest for a disqualifiable crime? Any insight would greatly appreciated.