By law, the Florida Department of Law Enforcement (FDLE) must review the background of anyone purchasing a firearm “forthwith”. If FDLE has an incomplete but potentially disqualifying history in its records, Florida law requires that the department issue a “conditional nonapproval number” and gives FDLE 24 working hours (about three work days) to fix its incomplete records and issue either an approval or nonapproval number.
If FDLE fails to correct its incomplete records within 24 working hours, the law requires that the department issue a “conditional approval number” and continue its efforts to correct the incomplete data.
Since March of 2018 FDLE has refused to comply with the background check data correction time limits or issue the conditional nonapproval and conditional approval numbers that are required by state law. Instead, FDLE illegally started using a new “Decision Pending” status to indefinitely suspend the right to keep arms of tens of thousands of Floridians.
Florida Carry filed a class action lawsuit against FDLE for these violations.
Illegal Fees for Redundant Background Checks Against Concealed Carry Licensees and Law Enforcement Officers Who Are Exempt by Law.
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, Correctional, and Probation 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 active 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 pre-purchase background check fees. FDLE has no authority to tax firearm transfers.
Florida Carry filed another class action lawsuit against FDLE for these violations.
If you have purchased a firearm in Florida since 2015, you may be entitled to compensation. Please fill out the form below to see if you may qualify as an additional plaintiff or class member in one or more of the class action lawsuits against FDLE.
