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Florida City Accused of Maintaining Illegal List of Gun Owners

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A city councilman in Jacksonville, Florida says the city is maintaining a list of gun owners who’ve visited two government buildings while exercising their right to bear arms; a Big Brother-esque move that, if true, would violate state law. 

Councilman Nick Howland told a Jacksonville TV station that, according to his sources, private security stationed at City Hall and another municipal building that’s home to other city offices have been questioning gun owners, asking them to “document their first name, last name, contact information and the type of firearm they were carrying.” 

According to Howland, the local prosecutor is now investigating the Second Amendment snooping, and while the State’s Attorney’s office wouldn’t confirm that to the local TV station, it looks like that investigation is, in fact, underway. 

Action News Jax reached out to the Mayor’s Office requesting a copy of the alleged lists.

The Mayor’s Office didn’t directly deny their existence, but told us, “A document responsive to this request is not in the City of Jacksonville’s possession.”

We followed up asking if the mayor’s office could confirm whether a document responsive to our request had been given to the State Attorney’s Office.

“The City of Jacksonville has received and complied with a subpoena from the State Attorney’s Office,” a spokesperson for the Mayor’s Office replied. “Out of respect and in full cooperation with their review, we won’t be commenting further at this time.”

Howland alleges the lists have been kept for almost two years, ever since a law came into effect in the state that prohibits localities from banning lawful carry in government-owned facilities. 

While the local State’s Attorney is investigating, Florida’s Attorney General is also taking an interest in Howland’s claims. 

If Howland’s accusations are true, these lists are not only a serious breach of trust on the part of the local government but a criminal matter as well. Florida has a law on the books that prohibits the creation of these kinds of backdoor registries, and violations come with stiff consequences. 

A state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of the state or other governmental entity or any other person, public or private, may not knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms. 

… Any person who, or entity that, violates paragraph (2)(a) commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

b) Except as required by s. 16, Art. I of the State Constitution or the Sixth Amendment to the United States Constitution, public funds may not be used to defend the unlawful conduct of any person charged with a violation of this section, unless the charges against the person are dismissed or the person is determined to be not guilty at trial. Notwithstanding this paragraph, public funds may be expended to provide the services of the office of public defender or court-appointed conflict counsel as provided by law.

(c) The governmental entity, or the designee of the governmental entity, in whose service or employ a list, record, or registry was compiled in violation of paragraph (2)(a) may be assessed a fine of up to $5 million if the court determines that the evidence shows that the list, record, or registry was compiled or maintained with the knowledge or complicity of the management of the governmental entity. The Attorney General may bring a civil cause of action to enforce the fines assessed under this paragraph.

Howland says the city has retained a law firm to handle its side of the investigation, but if anyone is officially charged with ordering the creation of that list Jacksonville can’t use any public funds to defend that individual (or individuals) from prosecution. Those responsible for the list could also face a fine of up to $5 million; a provision that was meant to provide a financial incentive to comply with the law. 

If Howland’s allegations are true, someone at City Hall made a major mistake in thinking they could compile a secret list of gun owners, and I’m looking forward to seeing what comes of both investigations into the violations of gun owners’ privacy. Whoever ordered the creation of these lists, if they do exist, should be prosecuted to the fullest extent of the law without the possiblity of a plea deal allowing them to get away with their illegal surveillance and record-keeping of folks exercising a fundamental civil right. 



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