Florida Carry Sues FDLE Again for More Violations of Gun Background-Check Laws
Florida Carry (FC) filed another class action lawsuit Thursday against the Florida Department of Law Enforcement (FDLE) for its ongoing violations of Florida's firearms background check and preemption laws.
In May FC sued FDLE for illegally putting background checks into an indefinite "Decision Pending" status. That litigation is ongoing. The organization said in a written statement 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, according to Lehigh Acres-based Florida Carry. 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 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 pre-purchase 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 them have purchased a firearm over the past four years. FDLE owes them their money back.
The organization urges anyone with a Florida concealed carry license who has purchased a firearm in the past four years to go to www.FDLElawsuit.com to find out if they qualify as an additional plaintiff or class member.