Date: Tue, 26 Mar 1996 11:43:56 -0500
Reply-To: [E--rS--r] at [aol.com]
From: [E--rS--r] at [aol.com]
Subject: FL Sec.of State re_CCW and Violence Policy Center

My attention was drawn to the following letter from Florida's Secretary of
State repsonding to Josh Sugarmann's Violence Policy Center attack on Florida
right to carry reform.
Edgar A. Suter MD, National Chair, DIPR
**********************

January 11, 1996 

Editor
USF/Florida Firing Line

Dear Editor:

The Violence Policy Center recently issued a report critical of Florida's
concealed weapons and firearms licensing program. Excerpts from this report
were published in your December 11 issue. Unfortunately, in the Center's zeal
to attack the National rifle Association, it is Florida's Concealed Weapon
Program that took the hit. The Department of State, as administrator of the
program, is compelled to respond to the Center's report to set the record
straight.

The Violence Policy Center's report states "Criminals" do apply for concealed
carry licenses." We agree that people who have committed crimes do apply for
licenses. However, as the report indicates, the Department of State denies
licenses to those who are ineligible. As of November 30, 1995, the Department
had denied 723 applications due to criminal history. The fact that these 723
individuals did not receive a license clearly indicates that the process is
working.

The Violence Policy Center's report states "Criminals do receive concealed
carry licenses." Statutorily, the Department has 90 days to process an
application for a Concealed Weapon or Firearm License. Because of the length
of time required to process fingerprint cards and the response time from some
jurisdictions, the Department is sometimes forced to issue licenses without
the benefit of a complete criminal history check. As a result, 200 or .0009%
(or less than 1%) of the 207,978 new applications issued since October 1,
1987, have been revoked because the Department did not receive criminal
history information until after the license was issued. However in 1995, the
Department was successful in getting legislation passed which suspends the
90day processing time when the final disposition on a criminal charge must
be sought. We anticipate the number of revocations resulting from prior
criminal convictions will be significantly impacted by this change.

It is apparent that the Violence Policy Center considers a person who has
ever been convicted or found guilty of a crime to be a "criminal" even though
the person's civil rights and firearm rights have been restored. In Florida,
as in most states, a convicted felon has a constitutional right to apply for
restoration of civil rights upon release from custody. When the Florida
Office of Executive Clemency, which includes the governor and cabinet,
restores civil rights, an individual is granted the same rights of
citizenship enjoyed before the felony conviction. This includes the right to
vote, sit on a jury and hold public office.

Additionally, restoration of civil rights and firearm rights is not
automatic. A convicted felon must wait eight years to apply for restoration
of specific firearm rights from the Office of Executive Clemency. After a
thorough investigation and careful deliberation, the Clemency Board may
restore the person's right to own, possess or use firearms.

The Violence Policy Center may not agree with this constitutional process.
However, under Florida law, individuals who have had both civil and firearm
rights restored are considered to be "citizens" whose rights and privileges
are restored once they have been rehabilitated and paid their debt to
society.

The Violence Policy Center's report states "Concealed carry license holders
do commit crimes." Yes 324 of the 201,978 new licenses issued by the
Department have been revoked because the licensee committed a crime after
receiving a license. That amounts to less than .001% of all licensees. As of
November 30, 1995, only 54 of those 324 utilized a firearm in the commission
of their crime. (Regrettably we have yet to find a way to determine who might
commit a crime and therefore should not receive a license.) Fortunately, the
statistics show the majority of concealed weapon or firearm licensees are
honest, law abiding citizens exercising the right to be armed for the purpose
of lawful selfdefense.

If you look closely at the statistics, and consider the fact that Florida's
Concealed Weapon or Firearm License Program has been in effect for eight
years with no changes initiated by any law enforcement group, you will agree
that the program is indeed a success and a model for other states.

Thank you for the opportunity to provide your readers with the Department of
State's response to the Violence Policy Center's article.

Sincerely,
Sandra B. MorthamSecretary of StateState of Florida