Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! NRA/USF Ask Leon County Tax Collector to Stop Violating Constitutional Rights and the Law

Friday, May 22, 2020

DATE:  May 22, 2020
TO:      USF & NRA Members and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

 

On May 13, 2020, Leon County Tax Collector, Doris Maloy, sent out an email blast  to a group of government officials informing them that she would be re-opening her offices on June 1st, but was refusing to process "concealed weapon original applications."   

The following letter  was sent out this morning to Tax Collector Maloy and Leon County Administrator Vince Long.  This gives Ms. Maloy the opportunity to do the right thing and reverse her decision to refuse to process CW Licenses when her office re-opens on June 1, 2020.  

In other words, Ms. Maloy will have over a week to decide whether or not to knowingly and willfully violate Florida law and constitutional rights. 

Below is the email/letter we sent this morning:

 IMPORTANT COMMUNICATION RE: Illegal Actions of Doris Maloy, Leon Country Tax Collector


Formal Letter Attached in PDF format

 

To:              Doris Maloy, Leon County Tax Collector

                   Vincent S. Long, Leon County Administrator

From:          Marion P. Hammer

Date:           May 22, 2020

RE:             Concealed Weapon or Firearm License Application Policy

 

VIA ELECTRONIC MAIL 

[email protected]

[email protected]

 

Dear Ms. Maloy and Mr. Long, 

The Florida Constitution provides that "[t]he right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." Fla. Const. art. I, § 8. 

We have reviewed Ms. Maloy’s email regarding the re-opening of Leon County Service Centers on June 1, 2020.  While this email details procedures her office is putting in place for the restoration and delivery of services, it also indicates that she will be refusing to provide the essential constitutional service of processing original applications for Concealed Weapon or Firearm Licenses. 

The proposed action is prohibited by state law and conflicts with Executive Orders issued by Florida Governor Ron DeSantis, which clearly extend “essential service” designation to firearm-related activities.  The processing of new applications for Concealed Weapon or Firearm Licenses is one such essential service. 

The Legislature made it possible for county Tax Collectors to become local agents of the Department of Agriculture and Consumer Services in order to accept Concealed Weapon or Firearm License applications, thereby providing convenient access to citizens.  The intent was to promote such rights, not stifle them as you propose.  Your email suggests you have the discretion to “pick and choose” which services to provide, but the Legislature has made it clear that as an agent of the state, in your capacity as Leon County Tax Collector, you do not have discretion over whether or not to accept these applications (Section 790.0625).  

Thus, your office must adhere to the directive contained in Section 790.06(15) which clearly prohibits a county Tax Collector from arbitrarily refusing to process original applications: 

(15) … The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights. 

Moreover, the Legislature has prohibited your proposed action by preempting local officials from engaging in such conduct.  Section 790.33 (1) specifically prohibits any regulation of firearms by a local government official: 

Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void. 

To ensure compliance, the Legislature established sanctions when local officials engage in prohibited conduct.  Section 790.33(3) provides several penalties against offending officials, including monetary fines, damages and attorney fees for plaintiffs, and even removal from office when warranted.  

On behalf of our members in Leon County, and to avoid further action, I respectfully request that you reverse your refusal to process original Concealed Weapon or Firearm License applications when you "reopen" on June 1, 2020. 

 

Sincerely, 

Marion P. Hammer

The National Rifle Association

Unified Sportsmen of Florida

 

 

 

 

 

TRENDING NOW
North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

News  

Monday, December 22, 2025

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

DOJ (Again) Goes to Court to Defend 2A

News  

Monday, December 22, 2025

DOJ (Again) Goes to Court to Defend 2A

We recently reported that the Department of Justice (DOJ) announced it had created a new section under its Civil Rights Division—the first ever dedicated to protecting the constitutional right to keep and bear arms.  

New Jersey: Senate Vote on Gun Bills Scheduled for Next Week

Friday, December 19, 2025

New Jersey: Senate Vote on Gun Bills Scheduled for Next Week

The gun-grabbing grinches of Trenton do not take a holiday break from trying to steal more rights from Garden State gun owners. As lawmakers spend December wrapping up a “lame duck” session, many gun bills ...

Gun Control Advocate to Lead Duke Center for Firearms Law

News  

Monday, December 22, 2025

Gun Control Advocate to Lead Duke Center for Firearms Law

“Developing Firearms Law as a Scholarly Field” is a worthy endeavor and exactly what the Duke Center for Firearms Law proclaims on their website as the Center’s mission. 

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

News  

Monday, December 22, 2025

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

President Donald Trump issued an Executive Order earlier this year on “politicized or unlawful debanking” and so-called “reputational risk” assessments that financial institutions used in denying services because of a customer’s political or religious beliefs ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.