Punishment Before Guilt – CWFL Suspended for Arrest!

Punishment Before Guilt – CWFL Suspended for Arrest!

Charged with a Crime?

Innocent until proven guilty is a foundation of our justice system, but apparently this does not apply to Concealed Weapon and Firearm License holders in Florida.  Being arrested or charged with certain crimes is enough for the Department of Agriculture to immediately suspend your Concealed Weapon and Firearm License (CWFL) without a hearing or due process of any kind prior to the suspension.

Guilty until proven Innocent

In relevant part, Florida Statute 790.06(3) reads:

The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case.

Burden on the Licensee

Once the case is over, the Dept of Agriculture does not immediately un-suspend your CWFL.  In fact, the burden is on the licensee to prove to the Department of Agriculture that the disposition of the charges does not affect eligibility to be licensed.  Providing copies of an acquittal or dismissal of charges should be sufficient to accomplish this.  Please note: To avoid unnecessary delay, provide certified copies of the disposition.  If you do not provide sufficient proof, your license remains suspended.

We are here to help!

The Expert Firearm Attorneys at The Firearm Firm are here to help.  Further, our primary goal is to keep gun owners legal.  If you have any firearm related questions, visit our website.  There, you can search our knowledge base, or leave a question for us to answer.  The Firearm Firm is a statewide Second Amendment and Self-Defense law firm.