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JuIy 29,2019

Via Certified Muil Return Receipt Requested
Hon. Ashley Moody
Office of the Attorney General
P1-01 The Capitol
Tallahassee, FL 32399-1050
Re.: Violation of Sec. 790.335, Fla. Stat.
Dear Attorney General Moody,

Florida Carry,Inc. hereby demands a statewide investigation into law
enforcement's illegal abuse, misuse, and general operation of the FINDER
database including the compilation of lists of gun owners, and illegal retention of
records.

This issue was made known to your office in February 2019. In an email sent to
Mr. John Guard, I requested an opportunity to speak with you on this issue. I again
requested to speak with you in March in another email to Mr. Guard. To date I
have not heard from you.
On or about February 27,2019I spoke with Mr. Guard regarding ongoing
violation of Sec. 790.335, Fla. Stat. by the Sheriff of Charlotte County. At that
time, I expressed a concern that other sheriffs around the state might also be in
violation of that statute. I also expressed concerns regarding submission of this
investigation to FDLE. That agency is currently being sued by Florida Cutry for its
abuse of Floridian's Second Amendment rights to purchase firearms, and indefinite
delays in approval or denial of purchases.

27,2019I sent Mr. Guard an email to follow up on our conversation.
In my email I provided evidence that the Charlotte County Sheriff was in violation
On February

of Sec. 790.335. The email included

a request that

all 67 Sheriff s offices in the

PO Box 1024 o Lehigh Acres FL o 33970-1024
Phone 850-270-7486 o Fax 850-391-0492 r www.FloridaCarry.org

 state be investigated to determine

if they were maintaining similar records in

violation of state law.

Mr. Guard later notified me that FDLE would be investigating the issue. I never
received any response from FDLE through April 29,2019.
On May 5,2019 I received notice that the local SAO for Charlotte County had
investigated a similar complaint and determined there was no wrongdoing by the
sheriff. This investigation was handled by ASA Anthony Kunasek of the 20th
Circuit SAO. Mr. Kunasek is listed as the head of the Special Prosecutions Unit of
the 20th Circuit. on May 6,2079I spoke to Mr. Kunasek and explained the
problems with his initial investigation. On May 7,2019,I emailed ASA Kunasek
and detailed for him the exact violations of law that were occurring. These
included:

1. The

2.
3.
4.
5.
6.

use of the FINDER program to provide law enforcement with
personally identifuing information of any person who pawned a firearm;
The use of the FINDER program for purposes other than those provided

for by law;
Data mining the FINDER database to create lists of firearms owners who
had sold or pawned a firearm;
The list of firearms owners being emailed to avoid the automatic deletion
of information required by the terms of Florida law;
The searchability of old records that had been illegally preserved to
determine whether an individual owned or had previously owned
firearms; and
The fact that the FINDER program should not have as a capability or
requirement, the transmission of personally identi$ring information to
local law enforcement.

Mr. Kunasek responded that the detailing of the various violations did not affect
his opinion. The fact that Mr. Kunasek could reach such an opinion with the
evidence and law laid out for him demonstrates the necessity that these violations
be investigated by an independent prosecutor. One who is not beholden to local

 law enforcement and will not be required to work with the local department that is
breaking the law on an ongoing basis.

A copy of the listing of violations and Mr. Kunasek's email. along with the
supporting evidence, was sent to Mr. Guard on May 9,2019. His response was
that the information had been forwarded to FDLE.
On May 15, I send another email to Mr. Guard with the supporting documentation
previously provided to Mr. Kunasek. In that email I made clear that this appeared

to be a multi-jurisdictional issue around the state of Florida. Mr. Guard provided
no response after his May 9 email.

It is clear from the documents I have provided to your office that the FINDER
pawn and second-hand dealer system is being used to obtain personally identifliing
information on Florida gun owners in violation of state law. It is further clear that
these records have been retained beyond the time allowed by law. Emails provided
to your office demonstrate that the fears of gun owners regarding these records are
well founded, and that law enforcement is using the records beyond their intended
and lawful purpose of preventing pawning of stolen firearms. In the emails law
enforcement discusses using the records for other purposes.
Regardless of the reasons for these violations of the law, they are the LAW of this
state. It is your responsibility under the oath you took to seek out law breakers and

hold them to account.

During my extensive discussions with you prior to your election, you made clear to
myself and board members of Florida Catry that no person was above the law and
that you would prosecute violations of Florida law regardless of the person or
entity responsible. You also made clear that you would support the rights of gun
owners to have their rights protected. I took you at your word and you have given
me no reason to doubt you. I can only assume that this information has not made
its way to you and that you were unaware of these ongoing violations.

 The right of gun owners not to be on government registration lists is clear in
Chapter 790 Florida Statutes. Despite those protections it appears that at least one
sherifls office is violating those rights and is being protected by the local SAO.

Florida Carry expects that the Attorney General of Florida will faithfully execute
and enforce the laws of Florida regardless of who is breaking them. We call on
you to launch an immediate investigation of these lawbreakers regardless of their
positions of power.
Please contact us

within T2hours of receiving this letter to let us know whether we

can expect to have these violations addressed by your office.

Sincerely,

Eric J. Friday, Esq.
General Counsel, Florida Carry

Cc Regular Mail Only:

Governor Ron Desantis
State Attorney Amira Fox

John Guard

Board of Directors Florida Carry, Inc