Question About Florida Gun Purchase laws?

Question About Florida Gun Purchase laws?

This is a discussion on Question About Florida Gun Purchase laws? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I have done so much research but am still confused. I bought a gun a month ago and recieved a conditional non-aproval. After three days ...

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  1. #1
    Member Array paulb787's Avatar
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    Question About Florida Gun Purchase laws?

    I have done so much research but am still confused. I bought a gun a month ago and recieved a conditional non-aproval. After three days it was turned into a conditional approval. I have had the gun for a month now. I went yesterday to buy another one. I recieved a non-approval. Here is my record:

    10/09 Arrested Domestic Violence (it was BS by the way!)
    Dropped to Misdamenor Affray (Withhold Ajudication)

    02/10 Completed Probation

    09/10 Record Sealed

    So my questions are because it was domestic at first regardless of it being dropped and withold i have commeted a "crime of domestic violence"?

    790.065 says 3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or

    my other concern is i have an apt to get my concealed weopons licence and have done the test for elgibility.
    question number 17 says:

    Have you had adjudication of guilt withheld on any misdemeanor crime of violence (that was NOT domestic violence)?

    More info reveals:

    If you have been convicted or found guilty of a misdemeanor crime of violence, you are not eligible for a Concealed Weapon or Firearm License unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.


    questions:
    I can get a CCW Permit but can not buy a gun?

    How long do they keep the non-approval info? can i try to buy a gun in a week or so? i put my ssn on form. i did not when i got a conditional last time?

    I am just confused?

    Thank you for all ur help!


  2. #2
    Ex Member Array Yoda's Avatar
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    U need to talk to lawyer familiar with Florida criminal law


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    Senior Member Array jdsumner's Avatar
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  4. #4
    Distinguished Member Array Toorop's Avatar
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    I recommend the idea of talking to a lawyer. And see about expunging your record if you can in Florida.

  5. #5
    sgb
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    VIP Member Array sgb's Avatar
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    As best as I understand the statutes Florida prohibits both your purchasing a firearm and being granted a CWFL until 02/2013.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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  6. #6
    Distinguished Member Array skysoldier29's Avatar
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    First I'm not a lawyer. From what I understand is that you were arrested for domestic but were later charged of a lesser crime where adjudication was withheld. I would think that when you did the first background check that your domestic arrest came up and they held your gun buy to do a better background check. I would think that they would do the same thing with your CPL. I would first check with the license division to see what they have to say. I would attempt to have your record expunged because a domestic arrest on your record could have future issues if an agency does a background check but doesn't follow up with a in dept one. My wife got arrested for a felony because of some stupid friends. When everything got sorted out she was released but that arrest still on her record. We tried to rent an apartment and she got dinged for it and we didn't get the apartment.

  7. #7
    VIP Member Array dukalmighty's Avatar
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    I know of one instance many years ago after the Brady law went into effect,my little brother was having marital problems,said things he shouldn't have and was arrested for domestic violence terroristic threat,Terroristic threat was dropped and he was convicted of misdemeanor battery,anyhow he doesn't realize under Brady law he can't own a gun,goes into a gun store buys a pistol fills out 4473 IS APPROVED,goes home,6 months later FBI shows up and asks wheres the gun you bought.He damn near got arrested and went to Prison on that OOOOPs,good thing Dad got him a good lawyer
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  8. #8
    Distinguished Member Array Toorop's Avatar
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    Does a CPL/CCW permit allow one to bypass the background check?

  9. #9
    sgb
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    VIP Member Array sgb's Avatar
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    Quote Originally Posted by Toorop View Post
    Does a CPL/CCW permit allow one to bypass the background check?
    Nope
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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  10. #10
    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by Toorop View Post
    Does a CPL/CCW permit allow one to bypass the background check?
    everyone goes through the background check (excepting a private sale) what having a CWFL does for you is that it let's you not have any wait period, you can take the gun home right after buying it

  11. #11
    Distinguished Member Array Toorop's Avatar
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    Quote Originally Posted by apvbguy View Post
    everyone goes through the background check (excepting a private sale) what having a CWFL does for you is that it let's you not have any wait period, you can take the gun home right after buying it
    That is what was confusing me. Thank you all for clarifying.

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