background check information - FL FFL

background check information - FL FFL

This is a discussion on background check information - FL FFL within the FFL Dealer Discussion forums, part of the Related Topics category; I'm interested in purchasing my first gun. Im aware that I need to go through a FFL and do the background check. However when I ...

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Thread: background check information - FL FFL

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    New Member Array flcarry95's Avatar
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    background check information - FL FFL

    I'm interested in purchasing my first gun. Im aware that I need to go through a FFL and do the background check. However when I was a minor I was arrested twice once for domestic battery and once for domestic violence ( lived in a bad situation that I have since removed myself). I was never charged with either one I was only proccessed and released. So my question is would I pass the background check because I know you won't be approved if you have domestic battery's on your record.

    Note since I was a minor I have a "sealed" record.

    Thanks for any help


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    Not an FFL nor am I a lawyer. That said, just an arrest should not stop you. A sealed record only stops employers from seeing your record. Police and Fed's running a background checks still have access if I'm not mistaken.
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    VIP Member Array Ghost1958's Avatar
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    A arrest isnt a conviction. If you were not convicted then it wont matter. Been a little bit since I filled one out but I think they ask if you are currently under retraining orders etc. And if you have been convicted of domestic violence.

    Are private sales required to go through a background check in FL?? Or a permit to own a handgun required??
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    While it's true an arrest isn't a conviction I think the OP is SOL (ship outta luck) on legally buying a firearm based on DV arrest.
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    Quote Originally Posted by NONAME762 View Post
    While it's true an arrest isn't a conviction I think the OP is SOL (ship outta luck) on legally buying a firearm based on DV arrest.
    The BATFE form 4473 doesn't ask if you've been arrested. It asked if you have been convicted. Without a conviction, no crime was committed.
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    Why not call your FFL and just ask him?
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    Quote Originally Posted by flcarry95 View Post
    I'm interested in purchasing my first gun. Im aware that I need to go through a FFL and do the background check. However when I was a minor I was arrested twice once for domestic battery and once for domestic violence ( lived in a bad situation that I have since removed myself). I was never charged with either one I was only proccessed and released. So my question is would I pass the background check because I know you won't be approved if you have domestic battery's on your record.

    Note since I was a minor I have a "sealed" record.

    Thanks for any help
    If you were convicted of a Misdemeanor Crime of Domestic Violence you may not be able to possess a firearm.

    Permanent provisions of the Brady Law, including background checks (found in Section 922(t) of the Federal Gun Control Act (GCA) defines Misdemeanor Crime of Domestic Violence.

    If you were not convicted of Any misdemeanor DV, there should be no record and therefore no disability to possess a firearm or ammunition.

    A conviction of DV as defined by either Federal or State law would not be disabling if it has been expunged. [18 U.S.C. 921(a)(33), CFR 478.11].

    Further, C&R firearms including handguns are not subject to the Brady Law so possession of a serviceable firearm may still be possible however possession of ammunition may still be illegal.

    If you have any questions you should contact the Florida Department of Law Enforcement.
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  9. #9
    Member Array rockinglock32's Avatar
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    unless you were convicted it should not matter, however you may get a conditional approval meaning they may want to do a deeper check on you seeing your history.

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