Do Not Do This

[Glock23-4-Me]

Thought I would share what our buddy was up to lately.
**** Please understand that although I am posting this for everyone's viewing pleasure, I, as well as the site administrator, highly suggest that NO ONE break the law. Although there is some legitimacy to default license under f.s. 120.60, It is recommended that you know what your doing before trying it or you can, and most likely will, be arrested. Even if you "get off" and charges are dropped, you will have legal fees and/or court costs you will incur****


Just Did The "Default Walk" smoking357

Posted: Wed Apr 15th, 2009 07:30 pm

I had to default the State under F.S. 120.60, so I just issued myself my license. It feels good to be "official" after waiting 90 days.

In honor of receiving my license, I had to do the customary rite of passage: I took the old and famous "Default Walk" around the neighborhood, and I can tell you this:

Concealed Carry Sucks, comparatively speaking.
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I'm looking for the real gun crowd, the take-no-ship, 10th Amendment, Constitutionalist, open-carry, survivalist types I find back in Kentucky, Tennessee, Montana, Idaho, Alaska, etc.

I'm not looking for city-boys who only want a gun so they can stick it down their pants and walk around Wal-Mart while they wear their wife's underwear in what has to be the gayest firearm practice I've ever heard of.

I'm not finding that hard-core gun element in Central-to-South Florida. If this crowd exists that far South, I haven't seen them or their stores.

Do the folks I'm seeking even exist in Florida? I guess you can't "head for the hills" if there are no hills.

How about Jax, Tally, the Panhandle?
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Great f-ing idea. Let's crank up RKBA advocacy and awareness.

Careful, though, the pretend RKBA friends at floridaconcealedcarry.com will contact their politicians and cops and complain about you. They're not into firearm rights; they're only into having their hall passes so they can feel "special" and walk through Wal-Mart with a gun in their panties.

Stay in NH. It's cleaner, nicer and feels more like America. Long term, you'll be happier there. Florida feels like Southern New York with all the accents. Some people have guns, but they don't get so far into it as to make Bubby feel uncomfortable.[/quote][/quote]

[deadeyedick]

That "Default Walk" could easily turn into a "Perp Walk". What a dummy.

[Glock23-4-Me]

Originally Posted by deadeyedick

That "Default Walk" could easily turn into a "Perp Walk". What a dummy.

He is your friend Deadeye, not mine

[XD-Man]

First question: if he is so "real gun crowd, the take-no-ship, 10th Amendment, Constitutionalist, open-carry, survivalist types I find back in Kentucky, Tennessee, Montana, Idaho, Alaska, etc." then why did he waste his time applying for a concealed permit? If he's such a macho man, like his extremist friends, why isn't he macho enough to walk the walk, and just strap on his sidearm because "the 2nd Amendment allows me to?"

Second question: he must not be literate, because he hasn't even noticed that in our "pitiful state of Florida" in the past few months, LICENSED armed citizens have put down BGs at least 5 or 6 times, probably more.

While his para-military firends are running around in their cammies in the woods talking insurrection and shooting at barrels, us Floridians are protecting ourselves quite sufficiently, thank you. We don't need to swagger around with our "hogleg' hanging off our hip.

Why the hell is he even living in Florida, since he disdains it so vehemently? Oh I'm sorry I talked over his head - "...since he hates it so much?" And he can't even spell "bubba" correctly...must be a covert Yankee.

[Glock23-4-Me]

WOW XD-Man, why dont you tell us how you really feel

I like your comment +1 for me

[Paladin]

Does anyone know where this nutcase lives?

It would be interesting to turn him in.

I for one am hoping his application gets denied - maybe then he will move back to one of those real gun states.

[henryher]

I don't understand what he is referring to. I worked in permitting in the State of Florida for over 18 years. Yes, Chapter 120.00 the Adminitrative Chapter does say that the State has 30 days to review a license application (of any type from stormwater permits to dog catcher) and ask for additional information. After 90 days if no action has been taken on the application the license can be received by default (MAYBE). The person still has to be qualified to receive the license and the State can restrict the license if they feel the need to do so (depending on the license). However, this is not automatic. You can't just do what you want as if you had a license after 90 days. You have to send a letter to the Agency, certified-return receipt, informing them you are requesting the license under Chapter 120 as a default. The Agency has to review the letter and the case then make a decision as to whether the person is REALLY qualified to receive the license and if they are actually in default. They can still deny the default license. If the Agency denies the default license the applicant then has to request an Administrative hearing before an Administrative Judge in Tallahassee and present his case for the default license. The Agency will bring their General Counsel Attorneys to court. An administrative hearing takes about 3-6 months to schedule. The judge then has up to 90 days to make a "administrative recommendation to the Agency". The Agency does not have to take the judge's recommendation in which case the applicant will have to take it to regular civil court.

The person still has to be qualified to receive the license, the application still has to meet all the licensing criteria and be complete. Anything that would disqualify a person from receiving the license in the first place will preclude him from being able to use Chapter 120 to receive a license by default.

The idea behind Chapter 120 is to protect the applicant from a State employee sitting on his application just to give him a hard time without a legitimate reason. It was really promulgated to protect developers that had to get permits before commencing their work from having to wait for ever while a bureaucrat is deliberately procrastenating in order to give him a hard time or wear him into not going ahead with the project. That happened all the time in my Agency. Chapter 120 was not promulgated to allow someone that is not qualified to receive a license the ability to get one by default.

Any person that undertakes the activity that required a license without going through this procedure in obtaining a license by default is still considered to be braking the law. Because a physical license has to be issued by the Agency even in default cases before the person is considered licensed.

[Paladin]

Originally Posted by henryher

I don't understand what he is referring to. I worked in permitting in the State of Florida for over 18 years. Yes, Chapter 120.00 the Adminitrative Chapter does say that the State has 30 days to review a license application (of any type from stormwater permits to dog catcher) and ask for additional information. After 90 days if no action has been taken on the application the license can be received by default (MAYBE). The person still has to be qualified to receive the license and the State can restrict the license if they feel the need to do so (depending on the license). However, this is not automatic. You can't just do what you want as if you had a license after 90 days. You have to send a letter to the Agency, certified-return receipt, informing them you are requesting the license under Chapter 120 as a default. The Agency has to review the letter and the case then make a decision as to whether the person is REALLY qualified to receive the license and if they are actually in default. They can still deny the default license. The applicant then has to request an Administrative hearing before an Administrative Judge in Tallahassee and present his case for the default license. The Agency will bring their General Counsel Attorneys to court. An administrative hearing takes about 3-6 months to schedule. The judge then has up to 90 days to make a "administrative recommendation to the Agency". The Agency does not have to take the judge's recommendation and take it to regular civil court if they want.

The person still has to be qualified to receive the license, the application still has to meet all the licensing criteria and be complete. Anything that would disqualify a person from receiving the license in the first place will preclude him from being able to use Chapter 120 to receive a license by default.

Any person that undertakes the activity that required a license without going through this procedure in obtaining a license by default is still considered to be braking the law. Because a physical license has to be issued by the Agency even in default cases before the person is considered licensed.

I'm not sure if I understand the whole default thing.

However, I would hate to depend on this default license then get stopped by a LEO.

Smoking357 is a nutcase and should not be armed either CC or OC. Wit or without a license.

[Glock23-4-Me]

Uhh henryher where were you a few months ago when that joker was on this site spewing his crap???

Nice post henryher!!!!!

[Glock23-4-Me]

Originally Posted by Paladin

Does anyone know where this nutcase lives?

It would be interesting to turn him in.

I for one am hoping his application gets denied - maybe then he will move back to one of those real gun states.

Not sure. In fact on the other forum he was asked a few times and did not respond. here is a clip of that

sprat wrote:
don't follow the OP's advise just wait it will come, forcing bureaucrats gets you know where

besides the OP will not answer the questions he has been asked on this site and others So where in Florida do you live (smoking) and which law school did you attend

he won't answer either question

sprat

smoking357 wrote:
If the government won't adhere to its own laws, let's get that fact out in the open, so the citizens can take the next steps.

Why are you so interested in my personal details? What sort of grudge are you carrying for being so comprehensively eviscerated? Further, how is my address and my law school germane to the question, which I have briefed in full in these and other pages? If you have quarrel with my argument and gun rights, show the polemic fortitude to fight the matter, straightway. These irrelevant feints are keeping you on the retreat.

Just because I dropped you here on and that other forum of Communists hard and like a bad habit, does not justify you coming here and depriving posters of their rights and attacking gun rights with your lies. Truth is the currency here. Take your lies back to that forum of traitors where you enemies of freedom can talk about how open carry worries you and where you discuss ridiculous and meaningless topics such as "date of check cashing," "Wal-Mart walks," and "printing."

Are you a charter member of the Brady Campaign?