Got sent a nasty-gram from the FL Bureau of Agriculture. 3 months later, I "get" it.

[thumper723]

Back in October me and my wife split. As a pre-divorce power play, she took out a 90 day temporary restraining order. (she wanted permanent, judge gave 90 days). No convictions.

After the hearing, I contacted the state licensing agency for Concealed Weapon Permits. I was not told to turn it in, but was notified that it would be invaild until the temportary injunction was lifted.

Today, my parents (in Massachusetts) got a certified letter from them stating that I have 21 days from issue of letter to contact them to surrender license, and file paperwork to get this matter rectified (show that injunction has expired or been overturned/cancelled).

Letter was dated November 2nd, Today is Feburary 6th. Attached was a cover letter saying that I was served this notice via return mail on 11 November. I never got that letter (sent to old adresss, assuming the ex signed for it). I recieved all bills, and other things she wanted me to get, but this was NEVER passed to me or my lawyer via her lawyer. (Divorce is still ongoing, I am in Texas now).

Since the 21 days in LONG gone, what the heck do I do now? It says I can appeal this in court ($$$ and time away from Flight School I cannot get) or just accept revokation of my CHL.

Call is in to my lawyer on this one in the AM, but a "sanity check" from someone who has dealt with this before would be appreciated.

 

[thumper723]

Forgot to add. The injuction expires this Friday at midnight.

 

[Jim March]

Dude, I have no idea what you should do here. You really need a lawyer for this one!

 

[pax]

I would suggest shouting cuss words and throwing the paperwork on the floor in a rage.

Oh, already did that?

Don't know what to tell you. It's obviously a matter for the lawyers. Insert all the sympathetic noises you need here... that whole situation sucks. My heart goes out to you.

Hmmm. When talking to the lawyer, ask whether her signature on a piece of certified/registered mail addressed to you, and not addressed to her, constitutes an act of fraud.

pax

 

[The Deer Hunter]

Just tell them you got the letter today. Whos to prove you did/n't get it?

Thats why restraining orders are HAND delivered to people, so they cant say "i never got the letter"

 

[Firethorn]

I'd try being reasonable. Let them know that you never received the first one. They should be used to divorce maneuverings and lost mail. After all, while most of it makes it through fine, there's numerous stories about mail that's gone missing from the post office for years.

If it does go before court, I have the feeling that 'return mail' is insufficient notice for something this important. That's not certified or anything, that's simply a 'return to us if it's not deliverable to the person addressed'. I hope you got the information about the person who told you to 'keep it until the order expires'.

I'd ignore the dates and put all dates in the form as when you actually received the letter.

I'd follow the lawyer's advice, but given that it expires friday, you might want to drag things out a bit. Contact them today, but take a few days to fill out the paperwork.

 

[The Deer Hunter]

Maybe your wife/exwife person hid it from you. Was this a nasty breakup?

 

[thumper723]

Nasty is putting it in nice terms.

Tried to get me kicked out of the military.

Emptied all bank accounts.

Played "Mom & Dad" with the Navy and Courts to get an inordinate amount of spousal support.

Dragging out divorce as long as possible.

Most of my stuff that was easily pawnable (tools, power tools) was "missing" when I got a court order to go get my stuff when I was transfered out of state.

Broke a contract to sell on my house, leaving me stuck with the mortgage until the divorce is finalized..

You get the idea.

 

[agricola]

I would imagine it would be fairly easy to demonstrate that the injunction wasnt served on you - one would imagine they would keep the part where someone has signed to acknowledge reciept - and consult with your lawyer about reporting this, so that the Court is aware. It may even be a non-attendance matter, especially if military training / military service is involved, and all that the question is is whether you got the summons / injunction whatever or not, and if the injunction is lapsed then the point is pretty much moot anyway.

If its just a matter of proving when you left that address, one would imagine (if you got posted) then you could also involve whichever branch you are in, with date of posting info etc.

 

[whitestone]

This is serious stuff. Since you cannot take the time to do it, your lawyer can. The agency may be open to your situation and you may still be able to take it up with them. However, waiting until after the order expires does not show good faith. I would have your lawyer contact the state licensing agency right away to let them know you did not receive the notice.

 

[Grey54956]

If this was sent registered mail, then you ex probably did sign for it, and the USPS should have proof of signature. If so, then it would not necessarily be mail fraud unless she was trying to use it to obtain money or property from you. However, it could possibly be construed as mail theft which would also be a felony. Usually, mail theft is done in bulk to obtain checks, Socialist Security information or some other valuable information. Your ex may have signed for it to cause you some form of legal hassle, but it could still be regarded as mail theft as she sighned for a letter knowing that you no longer we a resident of that address.

This would be a good thing to pursue with a lawyer, and a nice piece of information for the judge when she pursues further restraining orders.

Personally, I think you ought to pursue it in the interest of justice. If she is willing to engage in criminal activity to hurt you, she should get what she deserves: jail time, and a felony record. Take a look at the USPS site for mail fraud and theft.

Okay, after reading the last few posts, you should definitely pursue mail theft / fraud charges if possible. I think that could swing the ball in your favor with the courts, what with her possibly looking at felony charges.

 

[Stretchman]

Call them at 850-245-5691. Tell them you are out of state. Ask them what to do. Explain the situation. They should understand.

Stretch
Quit cigs 1M 2D 20h 7m ago. So far saved $203.02, 1,353 cigs not smoked and counting ...

 

[Robert Hairless]

I remember your earlier messages about this awful situation and my heart has gone out to you throughout it.

My sense is that you have reached the limits of self help. You don't want to be in a position of having to say, for the rest of your life, that any state revoked your permit. I understand that you don't want to pay more legal fees and I agree that you shouldn't have to do so. But you do.

I urge you to contact a Florida lawyer who specializes in issues relating to firearms law in that state. Jon H. Gutmacher wrote the book on "Florida Firearms Law, Use & Ownership. He is a lawyer: 200 N. Thornton Avenue, Orlando, FL 32801. His phone: 407/650-0770. His web site: http://www.floridafirearmslaw.com/

Be sure to make absolutely clear that you are military, on active duty, throughout this unfortunate situation. Gutmacher does not do family or divorce law, so I would do my best to make sure he understands that you are not trying to involve him in your divorce matters. That could scare him away.

Focus clearly on the situation with respect to your permit. Explain it succinctly and clearly, without going off on tangents (such as fraud or anything else), and let him ask the questions. My guess is that your situation should be relatively simple to repair at, probably, minimal cost--especially because the restraining order expires the day after the revocation date.

But call him now and start the ball rolling in your favor now. Yours won't be his only case. Don't waste time.

 

[Snap]

Man, can't offer legal advice, but I wish you well with everything. Everytime I read something like this, I'm glad I'm single.

 

[gezzer]

Lawyer time. She accepted a certified mail for you? Not legal in any way. You were not notified by this and it should not be held against you. You will however need your lawyer for this as the powers to be will not reason with you without one.

 

[ArfinGreebly]

Cripes!

The gift that keeps on giving!

Lawyer. Maybe two.

Hang in there.

What a freakin' tightrope.

Thoughts and prayers, man.

 

[strambo]

I'm sorry, being in the military myself, I've heard these stories all my life. My heart goes out to you, good luck. Keep on truckin' things will get better. The lawyer should be able to sort out the mess.

 

[tegemu]

With good legal representation, there just may be a silver lining to this cloud. Her shenanigans, misrepresentations and forgery might all weigh in your favor in Divorce court.

 

[Delta608]

I am a little confused as to why your parents got a certified letter in Mass after the original notice was sent to your home address in the Fla.(or I should say your wifes) A simple NCIC/FCIC computer check will show if there is an injunction still in place, if not, there is no FCIC/NCIC entry. Did you go to the hearing after the initial 16 days..?? There has to be two documented incidences of violence to make it permanant..(Kicking a door in, making threats) but the hearing is not EXPARTE you do attend to defend yourself.

If you email me your pert info..(Name,DOB,LNA) I will check it....IF your uncomfortable with that, call someone at you rlocal PD/or Sheriffs Office and have them run your permit number...or send that to to me via Email and I will do it......

 

[Big Calhoun]

If you plan on getting a CHL in Texas, you might want to get a lawyer to take a look at that situation. That could hang you up. Good luck!!

 

[Henry Bowman]

The stakes are way too high not to get a lawyer involved immediately. They don't have to cost an arm and a leg, but even it it does, think of the alternative. This could screw up your RKBA forever if not properly handled.

 

[thumper723]

Talked to the DOA today.

They said to fax them a copy of the injunction, and when it expires (Friday) they will re-instate my CWL. As to the Return mail, it was returned to them and my soon to be ex claimed to know no forwarding address. (she damn well did, I got any bill she wanted paid) They sent it to a previous address they had on my application.

Although it will be reinstated that day, I was advised not to carry until I get a copy of my re-instatement letter back from them, and to keep a copy of it with me in the car, or preferably on my person..

Thank you for all your advice on this situation.

A simple NCIC/FCIC computer check will show if there is an injunction still in place, if not, there is no FCIC/NCIC entry.

Will this cause issues if I went to go buy a gun next week? The injunction will be expired, and I willl be gun-less, as all my guns are in the care of a friend in FL, as the judge allowed. From a legal standpoint I am OK according to my lawyer, but I am wondering if NCIC will have issues with this.

Did you go to the hearing after the initial 16 days..?? There has to be two documented incidences of violence to make it permanant..(Kicking a door in, making threats) but the hearing is not EXPARTE you do attend to defend yourself.

Yes, I went. Turned into a he-said, she-said contest. He lawyer told her in a voice I could hear, "Tell the judge you fear for your life" which she did. He asked her why, she went "I just do". She wanted it permanent. Only reason judge did not was I would be kicked out of the Navy if it was.

There was never documented anything, since nothing happened. She had claims of multiple events, but nothing to back it up.

 

[Snarlingiron]

Nasty is putting it in nice terms.

Attilla the Hunny

 

[Delta608]

Thumper you should have no problems making a purchase...I sent you a PM... and Thank-you for your service.....

 

[Cosmoline]

Consult with your lawyer. And NEVER get married again, you bone head.