Tallahassee, FL – -(AmmoLand.com)- 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.
About Florida Carry
Florida Carry, Inc, is a nonprofit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self-defense. Their website is www.FloridaCarry.org.
I want to know how to join this class action.
It’s happening to me now-it’s been three weeks. My status is still ‘Decision Pending’. I own two pistols and three long guns. I am an honorably discharged USAF Veteran. ZERO criminal background. How do I become part of the class action suit?
I don’t believe any of your people it’s our right to have a concealed weapons permit and if you’re not a felon I wouldn’t worry about it and if you are a felon then you should be worried about it why should you care about what someone’s rights are we all Americans if you are American citizen and you’re not a felon then you should worry about this situation guns don’t kill people people kill people. It’s the person behind that firearm, and for your parents if you are gun owners then you should understand about safety and teach your… Read more »
Obviously not making much of a difference because I’m going on three months right now.
You folks sure get off on symantics easy. Great statistics but has nothing to do with our Ag Commish violating our 2nd Amendment with the help of FDLE.
Am i happy to see this article. I am right in the middle of this scenario. I pawned my weapons for a loan to get my Bucket truck running. I went back paid the loan and filled out the paperwork for my NICS background check. Now theres no grey area here, if your a felon you know it and its a federal crime to lie on that form.with that being said my background check came back as “Decision pending” and its been like that for 10 weeks.i have NEVER been charged nor convicted of a felony, never been arrested for… Read more »
I know this post is old, but this just happened to me at Bass. I was on the three day cool down period for five days, finally said to hell with it and got my money back. I should’ve just waited it out, but I was getting annoyed and frustrated.
Well. 72% of Florida voted to forfeit the 2nd Amendment in 2016. No said anything. Maybe didn’t know, because it was not reported in media, and still isn’t. When voters approved amendment 2, for medical marijuana, they were not told that people who registered would be prohibited from purchasing a firearm or obtaining a concealed carry permit. FFL form 4473 question 11(e), FS 790.06(n)
Very good. Thank you for fighting, and for reminding them that Floridians push back.
He writes, “…20-50 million are injured or disabled. [in road related accidents, presumably]. There are only 320 million persons in America. So, just on its face, and taking his word for it,…everyone in America is killed or disabled in two weeks? Firearms related deaths and injuries are a moot issue! I think that the boy overplayed his hand.