D.W.D., Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF LICENSING (2021)

District Court of Appeal of Florida, First District.

D.W.D., Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee.

No. 1D19-3785

Decided: July 15, 2021

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.

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, 323 So.3d 275, 281 (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.

Per Curiam.

Lewis, Nordby, and Long, JJ., concur.

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