Question about purchasing a gun in FL with not so perfect record.
This is a discussion on Question about purchasing a gun in FL with not so perfect record. within the General Firearm Discussion forums, part of the Related Topics category; I am located in Jacksonville Florida and today I decided to visit a gun shop. My main priority to purchase a gun is for self ...
July 11th, 2008 08:51 PM
Question about purchasing a gun in FL with not so perfect record.
I am located in Jacksonville Florida and today I decided to visit a gun shop. My main priority to purchase a gun is for self defense, just to have it in the house. Well, I saw different guns and there were two or three I did like very much.
A Smith and Wesson, 9 mm, cannot recall the exact model, but its the one with the interchangeable grip, a total of 17 on the clip and one on the chamber, the clerk was asking $450.00.
So I decided on purchasing it, start filling up all the paperwork, everything went fine until I had to answer if I ever have had a felony case in the country.
I got nothing to hide, in 1995 I was the wonderful winner of a felony case for substance possesion, the case is closed long long time ago. I think I did 5 days in prison, which was good enough as a wake up call and since then my life changed 180 degrees.
I have been active duty military for 7 years, get random urinalysis tests, posses a top secret clearance, two good conduct awards, Letter of Commendations, etc. Why do I say all this for whatever its worth? The clerk stated he cannot sell me any guns because of the felony case. I just could not believe it, this happened many years ago, the case is closed, I do not owe anything to anybody. Right now I have a descent clean job, bought a new house, have excellent credit score etc.
Is there anything I can do to still purchase a gun? There has to be something, maybe go in front of a judge and swear under oath, bring witnesses. Just because something happened so many years ago, only one time in my life I can never ever use a gun for self-defense. Maybe I would understand if I had a criminal record, you know, the ones that look like a resume, but for one time more than 10 years ago black stain in my record seems a little to outrageous.
WHat are my possibilities of been able to purchase and posses a gun for self defense in the state of FL?
July 11th, 2008 08:51 PM
July 11th, 2008 08:56 PM
You should be eligible for an expungement, provided it was a possession charge and not trafficking along with it. Contact a local attorney, they can lead you through the process.
If you had a top secret clearance, are you sure you were convicted?
July 11th, 2008 09:14 PM
With your current record it should be a fairly easy process .. good luck
July 11th, 2008 09:30 PM
First of all I must express one of my pet peeves....your 9mm has a magazine, not a clip.
That out of the way...the question on the form does not ask if you have ever had a felony case but if you have been convicted of a felony. Those that remember better correct me if I am wrong here.
There are 2 ways to answer this...Yes or No.
If you were convicted of a felony then you are not currently eligible to purchase a firearm. Whether or not you agree with this rule is inconsequential, it is the fact. Hire a lawyer and see if you can get all your rights restored.
If your case was plead down to a lesser charge and you did not get convicted of a felony then you are eligible to purchase a firearm. Answer the question that is written on the form (and I am fairly confident it asks if you have a felony CONVICTION) and buy the gun.
One more thing, and I do not presume to know you circumstances...but I am willing to bet that you did 5 days in jail, not prison. There is a difference.
ETA: Additionally, for my sake and the sake of this site I feel the responsibility to add...If you have been convicted of a felony any method other than getting your rights restored used to purchase a firearm, including a private sale, constitutes a crime and is not endorsed by myself or the members and owners of this site.
Last edited by Free American; July 11th, 2008 at 09:34 PM.
They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
Previously known as "cjm5874"
July 11th, 2008 10:01 PM
Yes, I was convicted for possesion, 5 days in jail and volunteered in a special program and no I was never on probation strange as it may seem.
It was something stupid what I did, the damage was done, but I have done everything to maintain myself on a straight path and up to this day everything has been good for me.
About purchasing it via a private sale, the clerk made it very clear on NOT purchasing anything until I clear the felony. I am not desperate to have a firearm, but feel very dissapointed. By the way that S&W was one nice piece of steel, I loved it since the moment he opened the case. Thanks for the quick replies and promise not to do anything stupid.
July 11th, 2008 10:04 PM
Do what Sixto said. You should be eligible for an expungement.
Also you may not even have a felony conviction on record. I have known some people who had done wrong in the past and were incorrectly told by the liberal DA that they were being convicted of a felony when in fact it was only a misdemeaner. It was usually a case of "as part of this plea bargain you will have to surrender your firearms to the melting pot." type of deal.
The few instances of this happening that I personally know of were in areas that were extremely anti-gun.
Anyways, contact an attorney, get your criminal records, and then proceed from there.
I will support gun control when you can guarantee all guns are removed from this planet. That includes military and law enforcement. When you can accomplish that, then I will be the last person to lay down my gun. Then I will carry the weapon that replaces the gun.
July 11th, 2008 10:09 PM
Check your record, have someone pull it for you... your local PD should do this at little of no cost, provided you are a resident of their bailiwick.
Originally Posted by mazpr
We have a "drug court" for first time offenders where they do some work, hold hands in a big circle and partake it group hugs and then there is no conviction on their record, as long as they promise to be good.
July 11th, 2008 10:48 PM
I know someone that just talked to an attorney to do the same thing. It was a drug charge years ago. He said the paperwork was extensive, but can be done.
I for one feel that a person charged with a felony drug charge( non violent ) years ago and have turned their life around, should be able to get their rights back after so many years. Its insane.
People screw up, many just dont get caught ( cough cough ). I judge people not by what they did, but by how they pick themselves up and move on...Good luck. Let us know how it goes.
July 11th, 2008 10:51 PM
Hey...you obviously made a boo-boo a long time ago and have turned your life around completely. Go and get that expunged.
It will be well worth getting that completely ERASED from your past.
You do not need that old thing constantly popping up every single time that a background check gets done on you.
and to any other members who read this thread.
Never lie on that questionnaire when you go to buy a firearm.
Answer all questions truthfully because it is a felony offense to lie on those forms.
Liberty Over Tyranny Μολὼν λαβέ
July 11th, 2008 11:32 PM
I had a similar situation, not drugs, but a gun possession charge. I had to jump through some major hoops. And this was 32 yrs later after a 22 yr Navy career and 10 yrs in the construction indurstry. I live in Florida now and my original charge was in California. I corresponded back and forth with California and finally, 9 months later, I was issued my CCW.
July 11th, 2008 11:34 PM
I too was charged with a a felony, over 37 yrs ago, and to this day it is still a thorn in my side..mind you charged, not convicted. Marin Co in CA has me down as a felon but all the other records, FBI, NCIC etc show not. I have many guns and three permits which allow me to carry in 40 states. You can get thru this and it's possible that it will be a thorn in your side also. Good luck, real glad to know that you have got your life on the right track, CONGRATS!
July 12th, 2008 07:52 AM
Easy way to find out if you are qualified is this...did you require a waiver and have an interview about that felony?? Its required upon joing the navy. (assuming navy due to you being in jacksonville?? Mayport would be my guess, I think they closed Cecil Field in 1999) If you cant remember then look at your military records. It will be in there along with a background check which would include the felony charge and circumstances of the charge.
It's important to note that applicants who require a waiver ARE NOT qualified for enlistment, unless/until a waiver is approved. The burden is on the applicant to prove to waiver authorities that they have overcome their disqualifications for enlistment, and that their acceptance would be in the best interests of the Military. Waiver authorities will consider the "whole person" concept when considering waiver applications.
In general, waivers are required for:
Five to Nine minor traffic offenses
Two to five more serious traffic offenses
Two or more Class 1 minor non-traffic offenses
Two to Nine Class 2 minor non-traffic offenses
Two to five serious offenses
Special Requirements for Substance Abuse:
No drug-related waiver will be considered without a signed, complete copy of the Drug Abuse Screening Form.
Waivers will not be granted to non-prior service applicants who:
a. Have a history of drug or alcohol dependency or addiction; or
b. Have a court conviction for any drug offense (except simple possession of cannabis [30 grams or less], and steroids); or
c. Admit to trafficking marijuana or other illegal drugs.
(Note: "Trafficking" in drugs will be considered the unlicensed sale or trade of drugs for profit.)
d. Applicants who have been disqualified for testing positive on the DAT at MEPS.
Prior Service applicants who have received a court-martial, Nonjudicial Punishment (NJP), or discharge as a result of drug use or drug related offense (to include positive urinalysis) are not eligible for enlistment/ reenlistment. No waiver is authorized. Applicants who have received an Entry Level Separation as a result of drug use or drug related offense (to include positive urinalysis) require a mandatory 2 year wait. No waiver is authorized.
Convictions for possession of drug paraphernalia will be treated, for the purpose of an enlistment waiver, as if they were convictions for possession of the actual drug associated with the particular piece of paraphernalia.
The commanding officer of the recruiting station may waive the illegal use of prescription drugs prior to enlistment in the DEP when an applicant has been administered a prescription drug for medical purposes by a parent or person acting in the capacity of "loco parentis" when that drug has not been prescribed for the applicant. Examples include, but are not limited to, Valium and Tylenol III. All other illegal use of prescription drugs requires a waiver from the district commander.
Each decision authority (e.g., the recruiter; NCOIC; the CO recruiting station; the CO, recruiting district; or the CG, recruiting region) may deem the extent of an applicant's pre-service drug involvement to be excessive and opt not to favorably endorse the applicant's waiver request thereby terminating processing.
Failure to Disclose. An applicant may be discharged for failure to disclose use or abuse of illegal or prescribed drugs, to include convictions resulting from that use or abuse. The recruiter will advise the applicant of the serious ramifications which could result from failure to disclose.
Current collection: Too many according to the wife...
July 12th, 2008 10:28 AM
As most have suggested, get a copy of your police record from the local police department. Check it for felony convictions . I will bet you do not find one on it. Unless things have changed drastically, a felony conviction is an automatic disqualification on a TS security clearance background check.
If there is one on your record, I would talk to the base legal office. They may be able to do the paperwork required to have your record expunged. I believe they are allowed to do paperwork for you, just not allowed to represent you in civil court.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
NRA Life Member
July 12th, 2008 10:32 AM
I must have missed if you are still active duty or not... if you are, this will put you in an even better position to take care of this; Base legal council is or at least was, available to all personnel free of charge. Take advantage if you can, as this is really a simple matter of paperwork.
July 12th, 2008 11:35 AM
Another reason to clear your record
IF you were indeed convicted of a felony,then getting your record expunged,not only gives you the ability to possess a gun but ALSO the right to VOTE.
" Keep On Packin' On The Bimah"
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