There appears to be clear directions on what FDLE must do if it cannot make a determination within the 24 working hours:
“4. The department shall determine as quickly as possible within the allotted time period whether the potential buyer is prohibited from receiving or possessing a firearm. 5. If the potential buyer is not so prohibited, or if the department cannot determine the disposition information within the allotted time period, the department shall provide the licensee with a conditional approval number.”
There also appears to be clear directions on the consequences of non-compliance by FDLE or interruption of telephone service:
“(10) A licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section in the event of: (a) Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or (b) Failure of the Department of Law Enforcement to comply with the requirements of subsections (2) and (3).”
I can name a number of states, including New Jersey and Massachusetts, who routinely violate the same kind of deadlines. The only man-bites-dog element in this story is that someone is actually suing one of them over it.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.065.html
ReplyDeleteThere appears to be clear directions on what FDLE must do if it cannot make a determination within the 24 working hours:
“4. The department shall determine as quickly as possible within the allotted time period whether the potential buyer is prohibited from receiving or possessing a firearm.
5. If the potential buyer is not so prohibited, or if the department cannot determine the disposition information within the allotted time period, the department shall provide the licensee with a conditional approval number.”
There also appears to be clear directions on the consequences of non-compliance by FDLE or interruption of telephone service:
“(10) A licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section in the event of:
(a) Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or
(b) Failure of the Department of Law Enforcement to comply with the requirements of subsections (2) and (3).”
I can name a number of states, including New Jersey and Massachusetts, who routinely violate the same kind of deadlines. The only man-bites-dog element in this story is that someone is actually suing one of them over it.
ReplyDelete