By Paul Waldmiller
Did you know that a State of Florida appeals court recently 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 felony conviction in Illinois?
The person originally from Illinois now residing here in Florida, was identified in the court’s ruling as “R.C.” His attorneys contended that R.C. stated that his rights were restored in 1971 and that he had obtained a concealed-weapons license in Illinois before moving here to Florida. The state appeals courts in their ruling stated that the Florida Department of Agriculture and Consumer Services, which regulates concealed weapons permits, should have gone beyond the information in the NICS check and held a formal hearing to consider evidence about whether he should receive a license in Florida.
One of the justices from the 1st District Court of Appeals, Judge Makar who sided with the majority, but dissented in part, wrote; “Who’s to be believed? FDLE, the top Florida criminal justice agency with the exclusive authority to access and correct the NICS database? Or the department, which lacks any such authority and isn’t even a criminal justice agency? What are criminal justice agencies and law enforcement officers to do when the NICS database says an individual is NCIS ineligible but they are handed a final order from the department saying he is eligible? Unwarranted confusion will result and an adverse impact on public safety is likely, as both FDLE and the department warn.”
According to the Florida Department of Agriculture and Consumer Services website, there are nearly 2.4 million Floridians who have a concealed weapons license.