OpenCarry.org - Discussion Forum Home
 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 

OpenCarry.org - Discussion Forum > Stories From The States > Florida > So, How's That 90-Day Approval Working For You?





So, How's That 90-Day Approval Working For You?
 Moderated by: jpierce  
 New Topic   Reply   Print 
AuthorPost
smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Mon May 18th, 2009 07:24 pm
 Quote  Reply 
Fred wrote: I  don't think I would carry in Florida let alone kentucky with a default letter.

I'll bet that you've previously carried, several times, and were not aware that you did it.  How many times have you tossed a gun in a car or carried a gun to a friend's house, gun shop or gun show? How many times have you carried a gun from your car to your house? How many times have you done the above and had no idea that you did it? Have you ever found that you left a gun in a jacket or a bag?

How many of these travels would fall under the definition of "carry?"

If nothing else, the default letter gives you that extra bit of protection in case you forget that you're technically "carrying."

Fred
Regular Member
 

Joined: Wed Apr 29th, 2009
Location:  
Posts: 81
Status:  Offline
 Posted: Tue May 19th, 2009 03:36 am
 Quote  Reply 
Open carry in kentucky is legal without a permit or letter.  I was referring to concealed  carry.  Either way I would personally have reservations about "concealed" carry with a letter written by yourself stating the state took too long to issue you a real license. 

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Tue May 19th, 2009 04:41 am
 Quote  Reply 
Fred wrote: Open carry in kentucky is legal without a permit or letter.  I was referring to concealed  carry.  Either way I would personally have reservations about "concealed" carry with a letter written by yourself stating the state took too long to issue you a real license.
Oh, you're a permission-asker.

Never mind. Have a nice life.

Fred
Regular Member
 

Joined: Wed Apr 29th, 2009
Location:  
Posts: 81
Status:  Offline
 Posted: Tue May 19th, 2009 06:23 am
 Quote  Reply 
Easy now, were on the same team . Didn't want to get you upset. Its all good;)

fridaddy
Regular Member
 

Joined: Tue Nov 18th, 2008
Location:  
Posts: 36
Status:  Offline
 Posted: Wed May 20th, 2009 02:31 pm
 Quote  Reply 
For anyone who still has questions about the legality of the default process, please read the quote from Charles Bronson, Secretary DOACS in the linked article:

http://www.tampabay.com/news/politics/gubernatorial/article1002099.ece

"By law, the department is required to issue licenses within 90 days of receipt of a complete application," Bronson wrote in his letter to Crist dated May 14. "If we do not meet this time frame, an applicant may, by law, request the license to be issued even without the results of the criminal background check being reviewed. We simply cannot process all of these applications in a timely manner because of this unprecedented surge in new applications."

He is slightly incorrect in his quote however, as there is no requirement to wait for a reply or the issuance of the license, only proof that the default letter was sent.

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Wed May 20th, 2009 03:13 pm
 Quote  Reply 
fridaddy wrote: For anyone who still has questions about the legality of the default process, please read the quote from Charles Bronson, Secretary DOACS in the linked article:

http://www.tampabay.com/news/politics/gubernatorial/article1002099.ece

"By law, the department is required to issue licenses within 90 days of receipt of a complete application," Bronson wrote in his letter to Crist dated May 14. "If we do not meet this time frame, an applicant may, by law, request the license to be issued even without the results of the criminal background check being reviewed. We simply cannot process all of these applications in a timely manner because of this unprecedented surge in new applications."

He is slightly incorrect in his quote however, as there is no requirement to wait for a reply or the issuance of the license, only proof that the default letter was sent.

This isn't good for the anti-gun floridaconcealedcarry.com.

I'm not a gracioius winner, and they have a whole lot of apologizing to do and a whole lot of crow to eat.

FMCDH
Regular Member


Joined: Sun Nov 9th, 2008
Location: Kenmore, Washington
Posts: 891
Status:  Offline
 Posted: Sat May 23rd, 2009 02:20 am
 Quote  Reply 
Good news....perhaps for everyone.

Strangely enough and by some act of God I am sure, I got my non-resident permit in only 70 days. My application packet was received by FDACS on 05 March and my permit was issued on the 13th of May, I received it today.

They must be picking up steam over there, or else something or someone spurred them to stop dragging.

Anyway, I'm happy. AND I got my Florida permit before I got my NH permit that was submitted on the 18th of Feb...who would have thought?! lol

Last edited on Sat May 23rd, 2009 02:46 am by FMCDH

JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Mon Jun 15th, 2009 10:11 pm
 Quote  Reply 
Good for you I'm still waiting on my FL permit it's almost 90 days from the time my check was cashed :cuss:

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Mon Jun 15th, 2009 10:40 pm
 Quote  Reply 
JohnnyBlk45 wrote: Good for you I'm still waiting on my FL permit it's almost 90 days from the time my check was cashed :cuss:
The date of check cashing is meaningless. The date of receipt is the only date that matters.

Ian
Lone Star Veteran


Joined: Sun Nov 11th, 2007
Location: Colorado Springs, Colorado USA
Posts: 372
Status:  Offline
 Posted: Thu Jun 18th, 2009 01:21 pm
 Quote  Reply 
I've only had my Florida permit for about 6-7 months, now that I'm moving to Colorado I have to go through all that crap again. Oh well, at least I will have open carry now :)

JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Thu Jun 18th, 2009 08:41 pm
 Quote  Reply 
I just received a letter from florida stating that my training certificate needs the instructor license number. It's been about 90 days, you would think they would have sent this awhile ago, this really pisses me off....now it's going to take another 90 days. :cuss:

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Thu Jun 18th, 2009 09:26 pm
 Quote  Reply 
JohnnyBlk45 wrote: I just received a letter from florida stating that my training certificate needs the instructor license number. It's been about 90 days, you would think they would have sent this awhile ago, this really pisses me off....now it's going to take another 90 days. :cuss:
If you inform them that their ability to ask any questions expired on Day 30, your file becoming complete on that date, they're more or less compelled to accept the legitimacy of your certificate.

You could let the clock run to the 90th day and serve them a default letter that references their failure to speak within 30 days.

The letter only costs a stamp.

JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Thu Jun 18th, 2009 09:38 pm
 Quote  Reply 
smoking357 wrote:
JohnnyBlk45 wrote: I just received a letter from florida stating that my training certificate needs the instructor license number. It's been about 90 days, you would think they would have sent this awhile ago, this really pisses me off....now it's going to take another 90 days. :cuss:
If you inform them that their ability to ask any questions expired on Day 30, your file becoming complete on that date, they're more or less compelled to accept the legitimacy of your certificate.

You could let the clock run to the 90th day and serve them a default letter that references their failure to speak within 30 days.

The letter only costs a stamp.


I don't want to piss them off, then I may never get it. So by law they have to send me a permit, is that correct?

JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Thu Jun 18th, 2009 09:48 pm
 Quote  Reply 
I just spoke to the lady in Florida she told me once I send the letter back with the license number it will take an additional 30 - 60 days, what a system :banghead:

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Fri Jun 19th, 2009 04:48 am
 Quote  Reply 
JohnnyBlk45 wrote: I don't want to piss them off, then I may never get it. So by law they have to send me a permit, is that correct?
1. That's how a conquered people live, hoping not to be noticed by the government.

2. Yep. They may not like it, but 120.60 gives them 30- and 60-day deadlines, the first for completeness, the second for approval or denial.



JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Fri Jun 19th, 2009 04:18 pm
 Quote  Reply 
smoking357 wrote:
JohnnyBlk45 wrote: I don't want to piss them off, then I may never get it. So by law they have to send me a permit, is that correct?
1. That's how a conquered people live, hoping not to be noticed by the government.

2. Yep. They may not like it, but 120.60 gives them 30- and 60-day deadlines, the first for completeness, the second for approval or denial.





I mentioned this to the lady in Florida she said it's not true.

JeepSeller
Regular Member
 

Joined: Tue Apr 21st, 2009
Location: Orlando, FL
Posts: 125
Status:  Offline
 Posted: Fri Jun 19th, 2009 04:30 pm
 Quote  Reply 
JohnnyBlk45,

The Florida Statutes do specify that the State must issue the liscense within 90 days.  Due to the overwhelmeing increase in applicants, the state has been running a little over that 90 day time span for some time now.   Most people are getting theirs in the 90 to 100 day span. 

You do have the right to send a letter demanding the liscense issued based on Florida statute after 90 days.    It most likely won't get you your's any faster though and since it is required to have that liscense on your person at all times, you will have to wait for it.    I'd be carefull following any advice of the contrary. 

Unfortunately, you've stepped feet first in the middle of a pretty large debate in that regard.  There are a few that unwisely believe that after you send your letter demanding issue, that you are legal to carry so long as you have your reciept from FedEx with you.   Since FedEx is not in the buisness of issuing Florida liscenses, I'd be wary of that advice.  

But, don't take my word for it or the certain rebuttal that will follow my comments insulting me and you for even making the comments you've made so far.  Go to the "Default" thread in this same Florida section..you can't miss it, it's the longest thread on this board.   Do some light reading and decide who's credability you believe for your self. By the time you get done reading THAT thread, your liscense will already be there anyway.  :lol:

JohnnyBlk45
Regular Member


Joined: Tue Mar 3rd, 2009
Location: Georgia USA
Posts: 49
Status:  Offline
 Posted: Fri Jun 19th, 2009 05:14 pm
 Quote  Reply 
JeepSeller wrote:
JohnnyBlk45,

The Florida Statutes do specify that the State must issue the liscense within 90 days.  Due to the overwhelmeing increase in applicants, the state has been running a little over that 90 day time span for some time now.   Most people are getting theirs in the 90 to 100 day span. 

You do have the right to send a letter demanding the liscense issued based on Florida statute after 90 days.    It most likely won't get you your's any faster though and since it is required to have that liscense on your person at all times, you will have to wait for it.    I'd be carefull following any advice of the contrary. 

Unfortunately, you've stepped feet first in the middle of a pretty large debate in that regard.  There are a few that unwisely believe that after you send your letter demanding issue, that you are legal to carry so long as you have your reciept from FedEx with you.   Since FedEx is not in the buisness of issuing Florida liscenses, I'd be wary of that advice.  

But, don't take my word for it or the certain rebuttal that will follow my comments insulting me and you for even making the comments you've made so far.  Go to the "Default" thread in this same Florida section..you can't miss it, it's the longest thread on this board.   Do some light reading and decide who's credability you believe for your self. By the time you get done reading THAT thread, your liscense will already be there anyway.  :lol:


:lol: thanks for the information, I just sent the requested information back to Florida, so I'll just wait for my permit to arrive. I did read some of the thread and it's longggggggggg :D.

JeepSeller
Regular Member
 

Joined: Tue Apr 21st, 2009
Location: Orlando, FL
Posts: 125
Status:  Offline
 Posted: Fri Jun 19th, 2009 06:17 pm
 Quote  Reply 
JohnnyBlk45 wrote:

:lol: thanks for the information, I just sent the requested information back to Florida, so I'll just wait for my permit to arrive. I did read some of the thread and it's longggggggggg :D.

 

Yea, it's long and pretty much a waste of your time to really read it now that I think about it.

I'll summarize.... The State of Florida is required to issue the permit in 90 days. You are allowed to write the state after that 90 days and request the permit be issued in default of the 90 day statute without further prejudice.

  The laws of the State of Florida also require a permit holder to  have said permit on their person at all times while carrying a concealed weapon.  

There are those who believe that simply sending that letter and carrying proof of it, such as the reciept and tracking number from FedEx constitutes a legal substitution for that state issued permit as a result of the state's default.   

Then there are those of us who maintain that those people are wrong and those who believe the FedEx default theory seem to take it very personally and resort to the only tactic they know, insults.

It's actually really simple logic in the end.  Again, it's up to you to deciide which logic is more reasonable to believe. 

Personally, while we all know it stinks to have to wait on that stupid piece of plactic to excersise a constitutional right,I think you're wise to do so. 

Last edited on Fri Jun 19th, 2009 06:18 pm by JeepSeller

smoking357
Banned


Joined: Mon Dec 29th, 2008
Location: The Land Of The Free
Posts: 1100
Status:  Offline
 Posted: Fri Jun 19th, 2009 08:11 pm
 Quote  Reply 
JeepSeller wrote: You do have the right to send a letter demanding the liscense issued based on Florida statute after 90 days. 

Whoa, how much time did you waste on the other side of this question, opposing freedom and attacking gun rights? Now, you try to sneak into admitting what you vociferously denied? Shame on you.

Here's what you said:

I don't disagree with your post in the sense that the law, as I understand it, is that if the license isn't issued within the prescribed time period, currently 90 days, then you have the right to request a hearing on the subject forcing the state to either approve or deny at said hearing and back up their decision.

The polite thing to do now would be to apologize for lying to so many about this.

Further, just as with this issue, you'll find that I'm always right.

P.S., 120.60 affords him relief from Florida's delay, regardless of his location, while 790.06 has no bearing upon him in Georgia.

Don't go spreading misinformation, again. We had to do so much work to set you straight, last time.

Last edited on Fri Jun 19th, 2009 08:32 pm by smoking357


 Current time is 11:12 am
Page:  First Page Previous Page  1  2  3  Next Page Last Page  





Powered by WowBB 1.7 - Copyright © 2003-2006 Aycan Gulez