As I predicted, Florida's. Ag. & Consumer Services Commissioner Nikki Fried (D) vowed to use her officer to enforce gun control in every way possible and I stated that she would do it through her interpretation of the laws and and how she'd abuse the regulations surrounding said laws. She has added some well known anti-gun individuals to her staff. Folks like Fred Guttenberg and Mary Barzee Flores.
A member of Florida's gun owning community that I know, who wishes to remain anonymous is facing the might of Nikki Fried's bureaucratic terrorism now and he isn't alone sadly.
He received a certified letter from the Agriculture Commissioner's office stating that his concealed weapons permit was indefinitely suspended because he had an injunction (restraining order) filed against him back in 2003. He knows he never had one filed against him and that he's clean as a whistle but still. He called the Nassau's Clerk of Courts' office and they have no records of any injunctions with his name on them. Went to the local Dept. of Agriculture & Consumer Services' office to explain and see if he could get this resolved.
Instead of listening and looking up the information he provided. They simply confiscated his carry permit and told him that he had to go to the Clerk of Courts' office and get a court certified letter that states that they have no record of any injunctions on him before they'll give it back. Yup, you read that right. A state agency is demanding that a citizen must prove innocence so he can exercise his Constitutional Rights.
Last I checked, we based our system on innocent until proven guilty and the state must prove beyond a reasonable doubt that the individual in question is guilty. But in this case, that isn't the case. They are instead having him prove innocence while they automatically declare him as guilty.
This individual has been a permit holder now for twelve years. He originally applied in 2007 and renewed in 2017. Both times he was approved through the background screening process. He also is a Federal Firearms License holder to boot and passed BATFE's background in 2008.
He called the Clerk of Courts' office and they explained to him that they have no record of any injunction being filed against him. Furthermore, he was has no record or memory of being served and even if he wasn't served but an injunction was filed. There is no record of "return of service" or "return of writ" in their database. Meaning that no injunction was filed against him even if they didn't serve him.
His permit was pulled because of a campaign promise. The last Ag. Commissioner, Adam Putnam had a minor issue where 291 permits out of 1.9 million were issued to people that didn't qualify. Nikke Fried campaigned heavily on going over everyone's record with a fine tooth comb and suspending or revoking them. Never mind the fact that 291 out of 1.9 million is so small of a statistical error that I have a better chance of winning the lotto and getting struck by lightning at the same time. But it was her perfect excuse and she is using it as her reason to push gun control in any way she can from her office.
Anyways, he was able to go to the Clerk of Courts' office on March 4 and get a certified stating that there is no record of such injunction filed against him.
So he has proof in his hands to prove his innocence and he should get his permit back right? He followed their instructions and returned to the local Dept. of Agriculture & Consumer Services' office. Did they return his permit? No. Instead they told him this.
So he has evidence to prove his innocence, the court where the Dept. of Agriculture & Consumer Services is claiming his disqualification comes from has no record whatsoever. So where did the Dept. of Agriculture & Consumer Services get information that he should have his permit suspended and possibly revoked? I'd surely like to know."Thank you for returning the required paperwork, we're going to have to send this off to Tallahassee for verification and filing. We'll send you a letter in 3-4 weeks to let you know when you can come back to pick up your permit."
He said as he walked out of their office.
With the fact that they're now stating it will take them three to four weeks to verify, especially in this day and age. It is ludicrous that it takes that long. We live in an age with instantaneous communication across the globe and yet the Dept. of Agriculture & Consumer Services is saying that they'll need three to four weeks? What, can't someone in their office pick up a phone and call the Clerk of Courts' office or even easier; look up the information from the Florida Comprehensive Case Information System? The statewide online court system database that every law enforcement agency, regulatory agency, and court system has access to in Florida? Hell, they can even access the public Clerk of Courts' database straight from Nassau County."On the way out I walked by a guy who was lost and looking for the CWP office, gave him directions. He looked like he had a certified letter in his hand too, poor guy."
But they aren't. Why? Because a right delayed is a right denied. Nikki Fried is operating off the premise of regulatory stagnation. If she can turn a once smoothly driven machine into a bureaucratic nightmare by making people jump through so many hoops. She can through regulation enforce gun control while staying perfectly clear under the color of the law. Expect more of this and worse to happen.
