This court ruled that the NICS should only be a starting point and reference and that 2nd rights should not be denied solely based upon the NICS results.
The appeals court said the department 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.“A felon flagged in NICS may be prohibited from possessing or purchasing a firearm — most probably are,” said the 11-page majority opinion, written by Judge Robert Long and joined fully by 11 other judges on the Tallahassee-based appeals court. “But a NICS result is only a starting point in the inquiry into an applicant’s eligibility. It is not the NICS result that is a prohibition on possession or purchase of a firearm. Rather, it is the conviction without a restoration of rights. The NICS result may be a sign that points toward prohibition, but it is not prohibition itself.”
Plus the court shifted the burden (it's a low burden to deny a right, but it's a start) of proof on to the governement, something I know would be very helpful in Illinois for many, stuck in limbo.
“The department must grant appellant (R.C.) a formal administrative hearing, where it will be the department’s burden to come forward with a preponderance of evidence that appellant is not entitled to receive the license to carry a concealed firearm for self-defense,” Thomas wrote. “If the department is unable to meet its burden, it must issue the license to appellant.”
Edited by Flynn, 30 June 2021 - 02:51 PM.