Concealed Weapon Permit after an Arrest
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:
- the criminal charges;
- whether the license holder was arrest or formally charged, and
- the license holder's rights and obligations.
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, contact a criminal defense attorney with the Sammis Law Firm to discuss your rights. We represent clients throughout the greater Tampa Bay area including Hillsborough County, Pinellas County, Pasco County, and Hernando County, Florida.
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 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 request an informal hearing then the license holder is basically stipulating to the facts stated in the notice of suspension. In other words, the license hold 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 hold 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 information hearing. Thereafter, the notice of suspension is deems 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 acknowledgement 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 hold 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 a Tampa Criminal Defense Attorney for Concealed Weapon Charges
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 the Sammis Law Firm.
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.