In recent weeks, tension has grown over guns with some calling for stricter gun control and others arguing that restricting the rights of law-abiding citizens will not solve the problem.
In turn, lawmakers have swiftly incited the conversation of how best to combat gun violence, and talks of “Red Flag” laws have even been touted as a possible solution.
As expected, the conversation has become controversial.
Now, Florida Carry, a pro-gun group, has sued the Florida Department of Law Enforcement “for its ongoing violations of Florida’s firearms background check and preemption laws.”
They explained that “in May we sued FDLE for illegally putting background checks into an indefinite ‘decision pending’ status,” and they explained that the litigation is ongoing.
With the new lawsuit, Florida Carry argues that it “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.”
The group explained that the “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 Florida law, CWFL holders and active law enforcement officers are exempted “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.”
Furthermore, “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.”
Florida Carry concluded that “the law is crystal clear that Florida CWFL holders, and law enforcement officers, are exempt from all FDLE pre-purchase background check fees,” so the “FDLE has no authority to regulate or tax firearm transfers and only the legislature may enact Florida firearms and weapons laws or procedures.”