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
FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

News  

Monday, August 24, 2026

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

On August 20, the U.S. Department of Justice (DOJ) published a final rule in the Federal Register that establishes application standards for those seeking relief from federal firearm disabilities under the Gun Control Act of ...

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

News  

Monday, August 24, 2026

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

For years, NRA-ILA has closely followed and reported on the legal and regulatory saga surrounding the Biden-Harris administration’s so-called “Frame or Receiver” rule. 

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

Wednesday, August 26, 2026

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

This week, three anti-gun bills received final passage from the legislature and will now be transmitted to the Governor's desk for his consideration. The most egregious among these measures is Senate Bill 948, which imposes ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

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.