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E. H., III v. Florida Department of Agriculture and Consumer Services, Division of Licensing

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D19-1780 · judgment June 23, 2020


Certiorari denied · January 11, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

INTRODUCTORY STATEMENT Petitioner applied to the Department for a concealed carry permit (of a firearm) under Florida law. Department denied the permit because Petitioner had been com­ mitted to a mental health facility in New Jersey twenty years ago. Petitioner argued that a New Jersey Expungement Order obtained by him nullified the record of com­ mitment and therefore no reason existed to deny the permit. Petitioner argued that the Full Faith and Credit Clause of the United States Constitution required the State of Florida to honor the New Jersey Expungement Order. The Florida Court of Appeals for the Fifth District disagreed and entered a ‘PCA’ decision, or a per curiam affir­ mance of the lower tribunal without a written opinion. PCA decisions are final and cannot be appealed to the Florida Supreme Court. Petitioner filed an omnibus motion for rehearing/clarification/written opinion and a separate petition for rehearing en banc. All were denied on July 22 and July 24, 2020, respectively. This Petition for Certiorari now follows. I. QUESTION PRESENTED FOR REVIEW Did the Florida Court of Appeal commit reversible error and abuse its discre­ tion in declining to recognize and apply Petitioner’s New Jersey Expungement Order to its denial of a Florida Firearms Concealed Carry Permit, as required by the Full Faith and Credit Clause of the United States Constitution?

Counsel of record

For petitioner
Ernest Hemschot III

For respondent
Leslie Bovis Fearington
Florida Department of Agriculture and Consumer Ser

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 04 2020
    Waiver of right of respondent Florida Department of Agriculture and Consumer Services, Division of Licensing to respond filed.
  4. Oct 09 2020
    Petition for a writ of certiorari filed. (Response due December 10, 2020)