UPDATE: I was just told that FDLE has “suddenly” taken action for all three of the named plaintiffs. After months of waiting for their firearms, two were suddenly approved and one was issued a denial. Meanwhile, of course, the lawsuit is proceeding. Kudos, Florida Carry!
PREVIOUS: This class-action lawsuit was just filed by Florida Carry, Inc.
It has massive ramifications for the way the Florida Department of Law Enforcement conducts background checks.
I’ve said it before but it bears repeating — Florida Carry is an incredible organization that does more for the rights of Florida gun owners than any other organization. This lawsuit is just the latest example.
Please show them you support.
FLORIDA CARRY SUES FDLE FOR VIOLATIONS OF BACKGROUND CHECK LAWS
Tallahassee, FL – A class action lawsuit for ongoing violations of Florida’s firearms background check and preemption laws was filed today on behalf of all Floridians whose right to acquire firearms have been illegally interfered with by the Florida Department of Law Enforcement (FDLE). Florida Law 790.065 subsection (2) requires that FDLE complete background checks for firearm purchases within 24 working hours. In March of 2018, FDLE began illegally putting background checks into an indefinite “Decision Pending” status. Various plaintiffs have been waiting for as much as a year, in some cases even after providing FDLE with certified proof that they are not prohibited from purchasing firearms.
The law is crystal clear on how FDLE is required to conduct background checks and issue either approval, conditional, or non-approval statuses on background checks. An indefinite “Decision Pending” is not a legal status under Florida statute. FDLE has knowingly and willfully changed its policies, rules, and regulations to illegally deprive many law-abiding Floridians of their right to keep and bear arms without proper evidence of a disqualifying background or the due process required for the denial of a fundamental right.
Bureaucrats in Florida have no authority to regulate the right to keep and bear arms. Only the legislature may enact Florida firearms and weapons laws or procedures. Under FDLE Commissioner Swearingen’s leadership, Florida’s top law enforcement agency became law breakers by illegally taking it upon themselves to violate the rights of Florida citizens.
Florida Law provides that: “790.065 (10) A licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section in the event of: … (b) Failure of the Department of Law Enforcement to comply with the requirements of subsections (2) and (3).”
FDLE is not complying. The FDLE Commissioner must be beyond reproach in ensuring that the Department of Law Enforcement operate in adherence to Florida law. We call on Governor DeSantis to direct FDLE to immediately comply with Florida firearms laws and exercise his unquestionable authority to take appropriate action in light of Commissioner Swearingen’s malfeasance in office.