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Background check and concealed carry permit in Florida.

Discussion in 'Legal' started by Miguel Santa, Feb 13, 2020.

  1. Miguel Santa

    Miguel Santa Member

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    I don't know if it was a good idea or not to purchase a firearm before getting the CCW permit in Florida. I had a background check done and I was approved to purchase the firearm. Does the background check in any way affects the application process? (positive or negative). The FFL told me I can take the gun to the range and use the range, as long as it stays in my vehicle and in the case that it came in. What are the statistics in terms of getting the application approved if your background check for purchasing a gun was approved? Thank you in advance for any information you can provide me.
     
  2. NIGHTLORD40K

    NIGHTLORD40K Member

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    The two processes are almost totally seperate. The background check to purchase a firearm is done by the Florida Department of Law Enforcement (FDLE), whereas CCW permits are issued by the Dept. of Agriculture.

    Just buying a firearm will have no direct effect on your approval or denial of a CCW.

    You may transport a firearm, loaded or unloaded, in your vehicle as long as it is "securely encased." Securely encased is defined as a storage container, glovebox, console box, trunk, or even a holster as long as it has a latch or snap. This does not need to be a locking latch, but there are severe penalties if a child gains access to it, so plan accordingly. Interestingly, the same rules apply to ammunition as well.
     
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  3. MedWheeler

    MedWheeler Member

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    What he said above. In addition, the container in which the gun is "securely encased" cannot be on your person, as that would effectively become carrying a concealed firearm. The case in which it came is a good idea, but is not required. Technically, even a closed pizza box on the passenger seat meets the requirement.

    There is no law requiring ammunition be so securely stored, assuming it's not in the firearm.

    When taking the class, you will need to demonstrate the safe handling and discharge of a firearm. You might as well do it with a gun with which you have already familiarized yourself.
     
    Last edited: Feb 13, 2020
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  4. bearcreek

    bearcreek Member

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    Florida is what's called a "shall issue" state, which means that no one has any say in whether or not you get the permit as long as you meet the requirements set forth in state law. Basically, in practical terms, if your background check for buying the gun was approved, the chances of your CCW permit application being approved is right around 100%.
     
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  5. Miguel Santa

    Miguel Santa Member

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    You guys are the best! This is the information I needed. I can now go to the range and start practicing. I was just thinking about what bearcreek said, it wouldn't make sense that you are approved to purchase a firearm and being denied the permit to carry it.
     
  6. bearcreek

    bearcreek Member

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    The people who "approve" your permit application don't have any idea what guns you've bought at any time or if you have any guns at all. I put approve in " " just to emphasize again that no individual person actually approves your application. The people responsible to handle the application process have zero discretion in deciding whether or not you get the permit, (unless, of course, they're breaking the law, which does happen).
     
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  7. Rule3

    Rule3 Member

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    The above posts are all good info. Here is the Fla Statues for you to do some homework, It's all in there:)
    To reiterate, you do niotneed a CCW to have a loaded handgun in your "vehicle" Just needs to be securely encased (it doesn't have to be the box it came in.

    In your class they will go over the more important things.

    http://www.leg.state.fl.us/statutes...ute&URL=0700-0799/0790/0790ContentsIndex.html
    790.001
    (17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
     
  8. MedWheeler

    MedWheeler Member

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    When Chapter 790 was written, the state practically wanted people to get these licenses. Even since, the law has been amended to make the CWFL less expensive, and valid for a longer term.

    There are several proposed bills to overturn the relative simplicity of the law. While few have any chance of passing anytime soon, the last governor's race was very close between the current and a very anti-gun opponent.

    Keep this in mind when thinking about any dallying in getting yours. ;)
     
  9. Dibbs

    Dibbs Member

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    The reason they suspend the waiting period, for someone with a CCW, is they realize you usually already own a pistol or two, by the time you get your CCW license.
     
  10. MedWheeler

    MedWheeler Member

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    Dibbs writes:

    Yep. I bought my first handgun in July of 1987, the year the statewide takeover of gun laws took effect. Back then, all you needed to buy one without the waiting period was for the dealer to know you already had one. I had to wait when I bought the first one, but not when I went back to the same dealer about three weeks later for my second.

    Honestly, I don't remember how I got around the waiting period for my third, purchased in October of that year at a gun show. It's possible that gun shows may have been an exception back then. My fourth was purchased shortly after, the same day I got a badge, so that took care of me for a long time after that. ;)

    Now, the dealer could have sold you all of the fifty you own. Without a CWFL (or a badge), you will still be subject to the waiting period when you buy the 51st. :scrutiny:
     
    Last edited: Feb 15, 2020
  11. George P

    George P Member

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    FL laws have recently changed so that without a CWFL, even long guns now mandate a 3-day waiting period......
     
  12. MedWheeler

    MedWheeler Member

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    ^^ Yes, that was part of the "knee-jerk" response to the Parkland school shooting, two years ago today.
     
  13. lemaymiami

    lemaymiami Member

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    ... and for a new gun owner - no matter what the law says - keep that weapon in the trunk of the car - not in the passenger compartment until you have your carry permit and can carry it on your person.... Any kid can get into your car (the skilled ones don't break windows...) and I can't tell you how many pistols are taken in car burglaries year in and year out...

    No legal requirement to do what I'm suggesting - but as a retired cop, I think it's a pretty good idea to keep any firearm that you're not physically carrying in the trunk of your car where it's the most secure.,..
     
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  14. gonoles_1980

    gonoles_1980 Member

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    If you are a Vet you'll need a copy of your DD214 (probably something similar for retired LOE), if you're not a Vet then you'll need to take a course and get a course certificate to send in for your CCW. Why not go ahead and get one.
     
  15. MedWheeler

    MedWheeler Member

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    gonoles_1980 writes:

    You don't need a DD-214 unless you plan to use it to satisfy the training requirement as spelled out in the statute. You're certainly not required to submit one if you have another qualifying past. However, it's certainly an option that most veterans have available to them.

    LEOs, (current or former) can use their training credentials, including academy-completion certificates. Armed security officers can use their G-license copies or those of their class completion records.

    Many police departments offer "citizen police academy" programs that offer members of the public to get a closer look at the duties of the job. A lot of these classes include live-fire shoots with department-carried firearms. Even these can satisfy the CWFL requirements.

    Basic classes are offered at most ranges, some gun stores, and at gun shows (those at gun shows require meeting up at a range later for the "safe handling and discharge of a firearm" requirement.)

    There really are scads of options for satisfying the training requirements. Florida is probably among the easiest of states to get a carry license among those still requiring them.

    Add to the statistics of law-abiding gun owners who are licensed to carry and go get it, already. ;)
     
  16. lemaymiami

    lemaymiami Member

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    Well said...
     
  17. Obturation
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    Obturation Contributing Member

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    I live in Illinois but needed a Florida permit a couple years ago when I was headed to siesta key for a wedding. I assumed my electronic fingerprint record was sufficient for Florida's requirements . for an out of state resident they required ink fingerprints, in state they'll take the live scan (or whatever it's called) fingerprints . my wait time was over 6 months but the rejected application took 3 to come back, then another 3 months after it was properly completed. Needless to say, I didn't get my permit in hand until after my trip, had to disarm myself at the Georgia State line. If I remember correctly Florida had stiff penalties for carry without permit offences, a year in jail rings a bell but I'm not sure. Other than my own mistake, Florida was much easier to obtain a carry permit through than my home state.
     
  18. MedWheeler

    MedWheeler Member

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    Obturation writes:

    This is true. Florida is one of only a handful of states that considers unlicensed carry a felony, and a felony is indeed any crime that is punishable by one year or more in jail or prison.
     
  19. lemaymiami

    lemaymiami Member

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    Something else everyone in Florida needs to remember if they carry a sidearm... Trespass while armed is a felony here in Florida as well... So if asked to leave a place or contemplating any action that might possibly include a potential trespass situation (an ordinary misdemeanor if you're not armed..) don't do it while carrying to avoid a very nasty surprise...
     
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  20. Miguel Santa

    Miguel Santa Member

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    I just learned that on the safety course I took Saturday. You are absolutely right, some places in Florida where I live have a sign on the front door saying guns are not permitted. In that case case I won't buy there and go somewhere else. What I'm not quite clear is if you have your weapon in your car in a case, and let's say a police officer stops you for a traffic violation. Is he/she going to immediately ask you if you have a weapon in the vehicle? I they ask me that, I assume I should say yes. I don't have a permit yet, I just applied today. I understand I can't have it on me, it's in my car, would I get in trouble?
     
  21. Miguel Santa

    Miguel Santa Member

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    I have an SUV. Should I have it in a case under the seat?
     
  22. Miguel Santa

    Miguel Santa Member

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    When I was in college I enrolled in the ROTC and spent the summer in Fort Knox, Kentucky doing basic training. After my basic training, I did a semester of military science but fractured my ankle and couldn't finish my military career. I received an "honorable discharge", am I considered a veteran? I was never in combat. I still have the discharge letter.
     
  23. George P

    George P Member

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    GEEZ you have a lot to learn..................NO signs have the force of law in Florida.........You can carry there if you want, BUT if you are asked to leave for ANY reason, you must or you will be considered trespassing, commercial or residential does not matter.
     
  24. FlSwampRat

    FlSwampRat Member

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    Why? We have such a sign on our door, people who tell me they have a gun and ask if if's okay I'm fine with it. I just want to know.

    Were you in the Army or ROTC? Enrolled in the ROTC and enlisted in the army are two different things. To be a veteran and get a DD214 you would have to have been in one of the armed forces.

    Well, that's why he's asking questions. No, a sign doesn't have the force of law, of course, but if a store owner doesn't want you, for whatever reason, to carry in his place of business you will most likely be asked to leave.
    When someone picks up their gun, whether it's out of pawn or a new purchase, we temporarily disable it with a cable wrap and ask the customer not to enable (remove the tie wrap) the firearm until they leave.
     
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  25. CapnMac

    CapnMac Member

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    What DOD number is on the discharge letter?
    Typically to be at ROTC Summer Camp (and, particularly, to be Medically Discharged) you are in sworn Service.
    You may not have the 214, as clerking with MDQ is poor at best. However, if the place of Discharge is listed on your letter, you should be able to request from DeptArmy your DD214. It will be brief, and have lots of white space and empty blanks, but it will be a DD214.

    You will (probably) not be eligible for benefits and the like, and Florida might not waive the shooting portion of the CHL test as your DD214 will not include proof of rifle training.
     
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