I can’t believe that I missed this story, but better late than never.
At first glance, you would not think that Nikki Fried would be suing the Florida Department of Law Enforcement because the FDLE declared that a woman was ineligible for a Florida CCW. After all, Fried is a notorious antigun asshat. But sue the Florida Department of Agriculture did.
It all started when a woman, identified by her initials of M.S., tried to get a concealed weapons permit. In Florida, it is the Department of Agriculture that issues the permits, but it is the Florida Department of Law Enforcement that does the background checks. So FDLE did the background check and declared that M.S. has items in her criminal past that would make her ineligible to receive a CWP. The woman did what any of us would do and appealed the decision, demanding to know why she was denied. That’s when things went sideways.
In preparing for the appeal, the Dept of Agriculture asked FDLE to list the specific disqualifying offenses, but FDLE replied that her offenses must be kept secret due to Federal Law. Since Florida case law is explicit on this- if the Dept of Agriculture can’t list the specific disqualifying events, they must go ahead and issue the CWP.
I fully support this. If the government wants to take action against someone, they have to provide the evidence. If the providing the evidence is counter to the government’s interest, then they have a decision to make- release the evidence, or respect the rights of the citizen. There should be no “Open your mouth and close your eyes, you can trust us” stuff going on with regards to citizen rights.
At any rate, Fried’s department wanted to deny M.S.’s permit, so they filed a lawsuit against the FDLE, intending to force them to release the evidence. Now that Fried is out of office, that lawsuit has been settled out of court. I certainly hope that M.S. got her permit, or at least was able to see why not. A people cannot be free when they are subject to secret courts, hearings, laws, and decisions.