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Today I received notice of suspension of the processing of my CWP application. I also received a form asking me to return it in 26 days with my elected choice on how I want to proceed. Two misdemeanours from 30 years ago were referenced as reason. Burglary of vehicle and a theft charge of which both in Texas. My understand is since neither are felony nor of violent crime or domestic, I should be approved. It just looks like the FDLE needs the final details on both. My question is, get a lawyer and work through them OR should I submit an informal hearing request with written statement? Would appreciate all the help and advice you have. Thanks
 

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Today I received notice of suspension of the processing of my CWP application. I also received a form asking me to return it in 26 days with my elected choice on how I want to proceed. Two misdemeanours from 30 years ago were referenced as reason. Burglary of vehicle and a theft charge of which both in Texas. My understand is since neither are felony nor of violent crime or domestic, I should be approved. It just looks like the FDLE needs the final details on both. My question is, get a lawyer and work through them OR should I submit an informal hearing request with written statement? Would appreciate all the help and advice you have. Thanks
Welcome to FCC from Palm Beach County, ddenny01!

To answer your question, I'm not certain but others may be along soon with better answers. It will definitely cost more money to seek legal counsel of an attorney competent in Florida Statute 790.06 cases, but the informal hearing request may be an option. IANAL and just have no experience with this kind of thing!

Since you've now made you first post to FCC without first making an introduction, please now take the time to post you're own Introduction to FCC letting forum members get to know you a little, particularly with regard to our inherent right to keep and bear arms. 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 your questions! Also, if you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

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! :cool:
 

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If you can get certified copies of the final disposition paperwork from the Texas courthouse (and it clearly shows as not disqualifying), I would just send it in with the hearing request. With COVID, I wonder whether a hearing is even possible (in-person). If you are denied, only then would I seek an attorney.

But, if money is no object, an attorney doesn't hurt.

Just stick with it. So long as you are not legally disqualified, the State of Florida can not deny your carry license.
 

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Try writing/calling the Clerk of the Court in the county the charges were filed in. A letter from them indicating the disposition of the cases or that data of disposition no longer exists might suffice.
 

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The suggestion above was accurate. You should be asking for a certified/stamped copy of the judgment and sentence. Very often that includes Fingerprints. It should have enough identifying information to show that it’s really you. If it doesn’t, you can have someone compare to the fingerprints that are taken as part of your application in Florida.

I learned the hard way when prosecuting a guy for possession of a pistol by a convicted felon. I was preparing for trial and my supervisor asked how I was going to prove he was a felon. I told him that I would just put in the old records of conviction. He asked how I was going to do that and how I would prove that the records belonged to him. I began to stammer and tried to change the subject.


What I had to do was get an old certified copy of the judgment and sentence with the prints. I couldn’t ask the defendant anything because he didn’t have to testify. I had to make a motion to have fingerprints of the defendant. Then I had the fingerprint expert come to trial and testify that the Fingerprints from the judgment and sentence matched the guy sitting over there at the defense table.

So bear in mind that the records need to be substantiated somehow. In other words, you have to prove it was you. I don’t think a letter will work.
 

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who do I have to talk to to get my concealed license restored they took it for 3 years and now I am able to get it back?
First, welcome to FCC from Palm Beach County, lawnmantom2003!

Not exactly sure of you specific circumstance but since it's been so long, you likely have to reapply with the Florida Department of Agriculture and Consumer Services (DOACS) here.

However, now since you've now made your first post to FCC without first making the customary introduction, please now take the time to educate yourself on how FCC works (see last paragraph below) and then post you're own proper Introduction Thread to FCC letting forum members get to know you a little, of course without getting too personal. 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 your questions!

If you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

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!

Also, I highly recommend you read this thread to understand how to navigate FCC to get the most out of your experience. One particular item that's caught many veteran FCC members off guard is the "Recommended Reading" at the bottom of each page, which MAY contain quite old threads of inactive conversations lacking up-to-date information or context. So beware of the date of the last post (just to the right of the post number) in any thread you come across so you don't mistakenly think every post is recent and start responding to very old posts/threads that been dormant for quite some time, sometimes for many years.

Again, welcome to FCC and good luck! :cool:
 
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