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Interesting NICS ruling...


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#1 Flynn

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Posted 30 June 2021 - 02:49 PM

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.”

 

http://capitaloutloo...pons-licensing/

 

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.

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#2 Euler

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Posted 30 June 2021 - 03:07 PM

In a case that could have far-reaching implications, a state appeals court last 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 welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#3 Molly B.

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Posted 30 June 2021 - 03:49 PM

This is very interesting!  I know of a case where this could be very helpful!


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#4 Molly B.

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Posted 30 June 2021 - 03:52 PM

OHHHHH!!!  This is the case I was referring to!!!!  Fantastic for this man!!!  I wonder if Florida will appeal??  I am so excited.  We helped him get his rights restored here in IL but after retiring and moving, FL would not honor the restoration of rights done here in IL.

 

 

:clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap:

 

 

Flynn, thank you for posting this!!


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 Colt guy

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Posted 30 June 2021 - 05:57 PM

Fantastic !
Leave the gun. Take the cannoli.




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