Concealing the Risk
Real-World Effects of Lax Concealed Weapons Laws
Section One: Crimes Committed After Licensure
|Name of License Holder
|Ruben D. Cervantes
||Adjudication withheld on a felony–aggravated assault with a deadly weapon
|Jesus E. Fernandez
||Adjudication withheld on a felony–aggravated assault with a firearm
|Carl E. Hileman
||Convicted of a felony–aggravated assault with a firearm
|Johnnie F. Smith
||Adjudication withheld on a felony–armed selling of cocaine
|Oscar A. Vargas
||Adjudication withheld on felonies–forgery of inspection certificate and use of a firearm to commit a felony
|Orrin D. Weiss
||Found guilty of battery and improper exhibition of a deadly weapon–crimes of violence
Ruben D. Cervantes
Aggravated Assault With a Deadly WeaponRuben Cervantes was issued a concealed weapons license in May 1989 and had his license renewed in 1992 and 1995. Six months after his first renewal in December 1992, Cervantes was arrested on charges of aggravated assault with a deadly weapon after he reportedly pulled out his revolver during an argument. In April 1993 Cervantes had adjudication withheld on the felony charge, was sentenced to one year probation, and was specifically ordered to forfeit his weapon. Cervantes retained his license for an additional two years and 11 months before his license was revoked. Under Florida law Cervantes may legally reapply for a concealed weapons license in 1997.
Jesus E. Fernandez
Aggravated Assault With a FirearmJesus Fernandez was issued a concealed weapons license in May 1994. The next month Fernandez was arrested for aggravated assault with a firearm after pointing one of two firearms he had in his car at another motorist who had cut him off in traffic. In October 1994 Fernandez had adjudication withheld on the felony charge. According to hearing testimony, his sentencing included 100 hours of community service, a fine, and probation. Fernandez’s license was not revoked until 11 months later. Under Florida law Fernandez may legally reapply for a concealed weapons license in 1997.
Carl E. Hileman
Aggravated Assault With a FirearmCarl Hileman was issued a concealed weapons license in June 1992. Hileman was eligible for the license only because he had received restoration of his gun privileges through Florida’s clemency program in 1991 for a prior felony conviction. Hileman’s license was renewed in April 1995. Yet in August 1994 – 8 months before his renewal – Hileman was arrested on the felony charge of aggravated assault with a firearm after he pointed one of three firearms he had in his vehicle at two victims in an adjacent vehicle. In April 1995 – the same month as his renewal – Hileman was convicted and sentenced to three years in prison. Hileman’s license was revoked in November 1995. Hileman’s appeal brief reveals that in 1975 he was convicted of the felony crime of shooting into an occupied vehicle and that in 1979 he was convicted of tampering with a witness. In addition, in 1986 Hileman was arrested for grand theft and dealing in stolen property.
Johnnie F. Smith
Armed Selling of CocaineJohnnie Smith was issued a concealed weapons license in 1990 which he later had renewed in February 1993. In April 1995 Smith was charged with armed selling of cocaine, a felony. Smith was arrested by undercover officers for selling crack cocaine at the public housing project in Jacksonsville, Florida where he worked as an armed security guard. In July 1995 Smith had adjudication withheld on the felony charge and was placed on probation. Smith’s license was revoked in December 1995. Under Florida law Smith will be able to legally reapply for a concealed weapons license once he serves the conditions set by the court and three years have elapsed.
Oscar A. Vargas
Forgery of Inspection Certificate and Use of a Firearm to Commit a FelonyOscar Vargas was issued a concealed weapons license in 1988 and had it renewed in 1991 and 1994. In February 1992 Vargas was arrested for using a firearm to commit a felony and on six felony charges of fraud. In May 1992 Vargas had adjudication withheld on lesser charges and was placed on probation for one year. Vargas’ license was not revoked until August 1995ï¿½three years and three months after his sentencing. Under Florida law, as of May 1996 Vargas has been able to legally reapply for a concealed weapons license.
Orrin D. Weiss
Battery and Improper Exhibition of a Deadly Weapon – Crimes of ViolenceOrrin Weiss was issued a concealed weapons license in June 1994. Three months later Weiss was arrested for aggravated battery and aggravated assault after attacking a female acquaintance during an argument. According to the police report, the acquaintance asked Weiss to leave her home. Weiss first tried to run the woman over with his car, but failed. He then put a black handgun, believed to be a Glock pistol, to the victim’s left temple as he held her by the throat. Weiss then suddenly released his victim and left the area. In January 1995 Weiss was found guilty of battery and improper exhibition of a deadly weapon, crimes of violence, and was sentenced to one year probation, no further contact with his victim, and the forfeiture of his firearm. Weiss’s license was revoked in August 1995. Under Florida law Weiss will be eligible to legally reapply for a concealed weapons license in 1999.
Back to the Table of Contents