Florida Carry Sues FDLE For Violations Of Gun Background Check Laws

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Florida Carry Sues FDLE For Violations Of Gun Background Check Laws

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.

Florida Carry, Inc.

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.

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Anthony L Brusletten

I want to know how to join this class action.

Gerald Obitts

I was screwed last year when I went and tried to buy a AR-15 in march 2018 they said there decision was pending and I have a concealed carry permit for seven years and just renewed it for another seven years and when I called fdle and tolled them that I had a permit they said that it doesn’t matter I called everyday about their decision and they were rude about it. I thought I passed the back ground check when I got my permit?


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 just added all my info and it said the lawyers would be contacting me soon. They ask for a picture of your receipt and/or your background check you filled out so have it ready!


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 »


I’m worried about it because I paid $350 for a gun I can’t take ownership of because my background check is still pending. There’s absolutely no reason why I would be denied and it’s been 2 months. I’m sure you would be worried about it too.


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.

Sean OBrien

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 »


Now let me get this straight..It was your gun to begin with?..you owned it and was in your possession for some time? You needed some quick cash so you pawned it? And when you went to get it back you had to get governments permission by passing a back ground check?..I traded my marlin 44 mag one time for a 243,at a pawn shop.. I had to wait a couple hrs for them to check if it was stolen

Sean OBrien

Exactly right. I pawned my weapons, paid off the loan filled out the NICS background check form and i have a “Decision pending” and its been like that going on 12 weeks now. And as i stated previously there is ABSOLUTELY NOTHING that should have me delayed. And when i contacted FDLE about it they said they couldnt help me because a decision hasnt been made !!!. At this point i feel like my rights have been seriously violated and im learning if you dont have a pocket full of money there’s not a damn thing you can do about… 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)


That is a false assumption Victor. Number 1, not all Florida voted. Secondly, many misguided Libertarians voted that way because of there philosophy, not because they are weed heads.

Anthony S.

Very good. Thank you for fighting, and for reminding them that Floridians push back.

Wild Bill

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.

Wild Bill

Ooops, I put the response to the Just Joshing statistics shuffle in the wrong place. My apologies.

Austin Miller III

Don’t forget the old axiom, “Liar’s figure and figures lie!” The CDC did a study on “Gun Violence” they were not supposed to do and when it didn’t come out the way they wanted, they just suppressed it. We will never change the anti gun, anti 2A, anti constitution liberals. Facts don’t matter to them and logic just makes them mad. There is a small margin in the middle that we need to keep informed but most of the left just isn’t going to listen no matter what they hear. We have the SCOTUS as the last bastion – at… Read more »


concerning suicides with/without guns… I believe it was John Lott who studied that one out a couple years back. He wisely comared US numbers with those of the only other nationi on the planet that in most “metrics” is nearly identical to the US… standards of living, social structure, education, income, etc. Canada are a VERY close match to the USA in every important metric.. EXCEPT for gun ownership. Seems the folks up north did not value their God-given right to arms, and let their government seriously regulate the possession, storage, use, of arms in that nation. The result is… Read more »

Phil Levin

Until we hold the government authorities who concoct schemes to subvert our 2nd A rights PERSONALLY liable and subject to severe financial penalties, we’re just playing another game of “wack-a-mole”. After all, we’re messing with their ersatz RELIGION.


Go get ’em! This type of obstruction is going on all across the nation. Set a precedent that others can use.


Not in Oklahoma it’s not.

Glock n spiel

I too, am presently in “DECISION PENDING” Purgatory since 08/03 (12 days as of now). I’m starting to get a tad ‘hot under the collar’ here. I currently hold a Florida CC permit and own six other firearms…. WTH?! Is it too late to join this class-action suit?
Anyhow — Nowhere in the 2A of the US Constitution, does it state that my ‘right to keep and bear arms would not be infringed “unless FDLE approval is pending”‘!


I see I’m not the only one on this “Decision Pending” situation with FDLE, I’ve been on this pending since 04/04/2020.


get off your useless a**

MadDog Mike

Because someone chooses a gun to commit suicide should not preclude people from having them. If that were to be the case then you’d have to outlaw rope, drugs, cars (carbon monoxide poisoning), tall buildings, high bridges, etc., etc. 39,773The number of Americans killed by guns in 2017 The Center for Disease Control and Prevention’s latest gun deaths tally produced two grim milestones: At nearly 40,000 deaths, America recorded the highest absolute number of gun deaths in nearly 50 years. More significantly, the country’s rate of deaths — 12 fatal shootings per 100,000 residents — also ballooned to its highest… Read more »


Nearly 1.25 million people die in road crashes each year, on average 3,287 deaths a day. An additional 20-50 million are injured or disabled. More than half of all road traffic deaths occur among young adults ages 15-44.
Road Safety Facts — Association for Safe International Road Travel
Nearly 40,000 People Died From Guns in U.S. Last Year, Highest in 50 Years New York Times
Witch one is more dangerous to human life?

Robert Lucas

The human beings in control of the automobiles and firearms technology. Which one is more dangerous? Automobiles
Controlled by humans.


First, there is no citation for how NYT arrived at that number. Second, by lumping all gun deaths into the same category, they avoid the correct comparison since almost no auto deaths are suicides or intentional assaults on other drivers. Proper analysis shows an even greater disparity.


How you distinguish between deaths with vehicle crashes and death “from” guns is suggestive progressive propaganda.

Using your numbers, no doubt deaths “with” guns is overwhelming less than deaths with vehicles. Who (not what) then are equally to blame for the deaths? Correctly not vehicles or guns.

Words matter……….


Gun violence, for criminal violence with a gun, is one of my favorites. The list is extensive.


Do the stats also include “gun violence” by those who defended themselves against “criminals with guns”.

I suspect progressives do in fact include such self defense as gun violence to pad the numbers favorable to their warped agenda.

Dubi Loo

The New York Times

E T Gwynn

apples to oranges: road death numbers are international, gun deaths are national ????


Oh good grief, another troll tossing out misleading (and just plain incorrect) figures all while trying to conflate international figures with national figures. Only a Liberal would think they could get away with that convoluted logic. This would be laughable if: 1. it weren’t for the fact that he probably believes it 2. he expects others to believe it and 3. he’ll toss it against the wall and walk away because, as a Liberal he’s almost always too cowardly to engage in reasoned discussion and when he does it’s the tired old talking points that have been debunked long ago.


Wrong, just a quick google search as indicated.please elaborate on the moisleading information trolls respond with just this type of statement. just commenting on other types of deaths that the media leaves out when they always blame guns and not the person.