D.W.D. v. Department of Agriculture and Consumer Services, Division of Licensing
CourtDistrict Court of Appeal of Florida
Date FiledJuly 15, 2021
Docket1D19-3785
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-3785
_____________________________
D.W.D.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES,
DIVISION OF LICENSING,
Appellee.
_____________________________
On appeal from the Department of Agriculture and Consumer
Services.
Stephen D. Hurm, Director.
July 15, 2021
PER CURIAM.
Appellant, D.W.D., appeals a final order entered by Appellee,
the Department of Agriculture and Consumer Services, Division of
Licensing (“Department”), upholding the denial of his concealed
weapon or firearm license application. Appellant makes several
arguments on appeal pertaining to the Department’s reliance upon
the federal background check performed by the Florida
Department of Law Enforcement using the National Instant
Criminal Background Check System (“NICS”), which deemed him
ineligible to possess a firearm. We reverse and remand in
accordance with our recent decision in R.C. v. Department of
Agriculture & Consumer Services, Division of Licensing, 46 Fla. L.
Weekly D1421, 2021 WL 2451307, at *6 (Fla. 1st DCA June 16,
2021) (en banc) (holding that the Department’s legal conclusion
that the NICS result required the denial of the appellant’s
concealed carry application was erroneous and reversing and
remanding for further proceedings).
REVERSED and REMANDED for further proceedings.
LEWIS, NORDBY, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Noel H. Flasterstein of Noel H. Flasterstein, P.A., Fort
Lauderdale; Eric J. Friday of Eric Friday Law, P.A., Jacksonville,
for Appellant.
Jeff R. Richardson, Senior Attorney, Department of Agriculture
and Consumer Services, Division of Licensing, Tallahassee, for
Appellee.
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