State Of FL's Shenanigans Creating Issues In Challenge Of FDLE Delay

A wise man once said, “A right delayed is a right denied.” That’s especially true when you’re talking about a right where the exercise of said right can save your life. Delaying that right may very well prove fatal.


As a result, delays in allowing people to purchase firearms aren’t things to be taken lightly. That’s why Florida Carry is suing the state over a law that delays some gun purchases. Now, there are issues with the challenge. But, none of which appear to be because the pro-gun group is screwing up. Instead, it appears that the state’s shenanigans are getting in the way.

“FDLE [Florida Department of Law Enforcement] has put these people in a position of they have no rights,” said Eric Friday with Florida Carry. “They have no due process. They have no way to challenge FDLE’s non action.”

The state argued a provision of the school safety law passed last year, superseded the 24 hour timeframe to get a background check done.

The state’s lawyers said the provision makes sure people don’t fall through the cracks.

“Do what it needed to do in terms of the background check process to make sure it got it right,” said Rob Sniffen, a FDLE Attorney.

Under Florida law, the Department of Law Enforcement is required to destroy all records of a background check within 48 hours. That’s a problem for the plaintiffs because they need the records to prove their case.

Additionally, every time Florida Carry names a defendant, the state suddenly reaches a decision. It then points out that there’s no longer a delay with that person. Without a named defendant, there’s no case to speak of.

Between the destruction of records and the fact that whatever created the delay mysteriously stops being an issue when the buyer becomes a defendant, it’s hard not to think foul play. Something sounds awfully hinky with all of this.


Now, I get that the destruction of records is actually mandated by law, but at some point, an injunction should have been issued to put a halt to that.

The law in question is one of the series of anti-gun laws passed in the wake of Parkland, at a time when the state was reeling from the murder of innocent kids. Everyone demanded that lawmakers “do something,” so they did. As a result, a lot of people are now being denied their Second Amendment rights for too long a period of time. Then, to make matters worse, there’s no redress for those who have been punished despite having done nothing wrong.

That’s not right. That’s not American.

It’s time for the state of Florida to get its crap straight in this regard. The best way for that? Make the lawsuit a moot point by repealing the law. That would kill the lawsuit and Florida Carry would be able to walk away happy.

The big question is, are Florida legislators willing to admit they made a mistake and fix it, or will the allow it to stand until it’s struck down by the courts?

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