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Monday, June 21, 2021

Court takes aim at concealed carry licensing procedures

TALLAHASSEE, Fla. (WWSB) - In a case that could have far-reaching implications, a state appeals court this week ruled that the Florida Department of Agriculture and Consumer Services improperly denied a concealed weapons license for a man who said his civil rights were restored after a 1969 conviction in Illinois. 

The 1st District Court of Appeal said the department, which handles licensing, should not have relied only on a check of a federal database known as the National Instant Criminal Background Check System, of NICS. A check of that system flagged the man’s decades-old felony conviction on a charge of stealing an eight-track tape player, leading to the department denying a license. 

9 comments:

  1. Takes a gaggle of judges to direct govt asshats to do their job, not just the bare minimum.

    As Dr Thomas Sowell opined regarding bureaucracies: To understand bureaucracies one must understand they are interested only in procedure, outcomes are ignored (paraphrasing poorly but you get the jist)

    chillhill

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    1. "The power of the bureaucracy lies in the single word...No."

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  2. He stole an eight-track tape deck? HAHAHAHAHA!

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  3. He's not alone. There's a ton of people out there who get flagged for what is now considered as fairly innocuous bullshit.

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  4. I had my rights restored in 1993 by a "writ of relief from disabilities". In the paperwork that resulted from that pleading, were a series of court orders to the township, county, state and federal jurisdictions ordering that the criminal records be destroyed. I got (paid for!) second legal opinions afterwards and was assured by all that I can legally answer the question "have you ever been arrested?" with a no. Since then I have passed multiple NICS checks and four "position of public trust" background investigations. I have also been told that a jurisdiction or agency that has not destroyed the records (prints, photographs, reports, etc.) and reports on them is liable for contempt of court. I haven't had to resort to that action yet.

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  5. Y'all are overthinking this. The head of Florida's Dept of Agriculture is a democrat. The very one that is criticizing Gov DeSantis on what a crappy job he is doing.

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    Replies
    1. I could see this coming when issuing CCW licenses got moved to Florida Department of Agriculture and Consumer Services and shortly afterward, this shithead got elected.

      Delete

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