JACKSONVILLE, Fla. — Despite State Attorney Melissa Nelson declining to file charges in response to an illegal list of gun owners created by the city of Jacksonville, Florida’s Attorney General has confirmed his office is now investigating the matter.
Nelson’s Office concluded that poor communication and a directive from a mid-level city employee were to blame for the creation of a policy that documented the names and personal information of more than 100 gun owners who entered city buildings while carrying concealed over a two-year period.
Her office’s report, which was released on New Year’s Eve, determined charges against that city employee were not warranted, as there was no evidence of “deliberate misconduct”.
“This office’s jurisdiction is limited to determining whether a criminal violation occurred. Under Florida law, that requires proof of knowing and willful conduct,” a spokesperson for the state attorney’s office told Action News Jax in an emailed statement. “Our comprehensive investigation established the complete and true facts and concluded the logbook practice was implemented for innocent reasons, not with criminal intent.”
The decision not to press charges drew the ire of Florida Attorney General James Uthmeier, who posted on social media declaring “this isn’t over”.
Uthmeier has now confirmed his office is officially investigating the situation.
“Most everybody knows that ignorance of the law is not typically a defense. So, I do believe what happened was wrong and unlawful. We’re taking a hard look at it,” said Uthmeier on Monday.
State law prohibits the collection of any list of gun owners, and penalties range from a third-degree felony for individuals who violate the gun registry ban to a $5 million fine for government entities found to be complicit in the creation of such a list.
The power to levy that fine rests with the Attorney General, but is conditioned on a court finding the list was made with the “knowledge or complicity of the management of the governmental entity”.
“There was some clear lack of oversight with that policy. The fact that it was implemented. The fact that it was followed for so long,” said Council President Kevin Carrico (R-District 4).
Carrico said he respects the Attorney General’s authority to investigate the situation, but is concerned about the potential consequences for the city.
“Our citizens work hard. They pay their taxes and expect the city government to be able to take care of their needs,” said Carrico. “And to possibly have to lose $5 million out of our budget because of neglect on behalf of the administration, I think it’s a tragedy, and hopefully it doesn’t come down to that.”
Despite the AG’s claim, both the mayor’s office and the state attorney’s office indicated they are unaware of any ongoing investigation.
The mayor’s office told Action News Jax that, as far as it’s concerned, the gun registry issue was closed following the conclusion of the State Attorney’s eight-month investigation.
The State Attorney’s Office issued a statement noting it has provided the AG’s office with its legal analysis and offered its investigative file as well, but added, “To date, we have not received any request from that office”.
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