Florida Carry sues FDLE, again, over more violations of background check laws

Lee’s note: This just in from the hard-working fellas at Florida Carry, Inc.

FLORIDA CARRY SUES FDLE, AGAIN, FOR MORE VIOLATIONS OF GUN BACKGROUND CHECK LAWS

Tallahassee, FL – Florida Carry has filed another class action lawsuit today against the Florida Department of Law Enforcement (FDLE) for its ongoing violations of Florida’s firearms background check and preemption laws. In May we sued FDLE for illegally putting background checks into an indefinite “Decision Pending” status. That litigation is ongoing. The new lawsuit was filed on behalf of all holders of Concealed Weapons or Firearms Licenses (CWFL) and Law Enforcement Officers who have purchased a firearm in the past four years.

FDLE has been forcing firearms dealers to collect illegal fees from concealed carry licensees for additional background checks beyond those allowed by state and federal law. Florida Law exempts CWFL holders and active law enforcement officers from redundant and costly supplemental state background checks in excess of those mandated under the free National Instant Criminal Background Check System (NICS) when they purchase firearms.

CWFL holders and law enforcement officers have already passed all state background checks and their licenses would be suspended or revoked should they become disqualified from purchasing a firearm. Only eight (8) other states charge licensed firearm purchasers fees for pre-purchase background checks (CA, CT, MD, NJ, OR, PA, TN, and VA).

The law is crystal clear that Florida CWFL holders, and law enforcement officers, are exempt from all FDLE prepurchase background check fees. FDLE has no authority to regulate or tax firearm transfers and only the legislature may enact Florida firearms and weapons laws or procedures. FDLE continues to illegally take it upon themselves to violate the rights of Florida citizens. When law enforcers become law breakers the public trust is eroded and action is necessary.

Over 2 million people hold valid Florida Concealed Carry licenses and Florida has tens-of-thousands of active law enforcement, probation, and correctional officers. Many of whom have purchased a firearm over the past four years. FDLE owes them their money back.

Anyone with a Florida concealed carry license who has purchased a firearm in the past four years can go to www.FDLElawsuit.com to find out if they may qualify as an additional plaintiff or class member.

Click here to read the complaint.

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About Author

Lee Williams can’t remember a time in his life when he wasn’t shooting. Before becoming a journalist, Lee served in the Army and worked as a police officer. He’s earned more than a dozen journalism awards as a reporter, and three medals of valor as a cop. He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie. When he’s not busy as a senior investigative reporter, he is usually shooting his AKs, XDs and CZs. If you don’t run into him at a local gun range, you can reach him at 941.284.8553, by email, or by regular mail to 1777 Main St., Sarasota, FL 34236. You can follow him on Twitter: @HT_GunWriter and on Facebook @The Gun Writer.

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