Concealed Weapons Permit / NICS Check Florida

[TonyStarks]

I went with my friend to the local dealer yesterday after work. He attempted to buy a Sig P226 but after the FDLE ran the background check the issued a conditional non-approval. The strange thing to me is that my friend has a valid concelaed weapons permit.

My question is, if you have a concealed weapons permit in the state of florida, Can you still be denied from purchasing a firearm?
Are the rules the same for elegibility on a CWP and firearm purchases?

He received his permit 2 months ago and was attempting to purchase his first firearm.

It appears that FDLE wont give any info as to why the conditional nonapproval and the dealer cant ask.

 

[eric.cartman]

Are the rules the same for elegibility on a CWP and firearm purchases?

Almost...

From http://licgweb.doacs.state.fl.us/weapons/eligible.html

Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.

If he just got his CWP, and didn't get in trouble in the meantime, there simply must be a "glitch" with NICS. Did your friend supply his SS#? Does he have a common name? It is actually harder to get the CWP in FL, than to guy a gun, when it comes to "bad things" you've done in your live which stick on your record. Although the "Lautenberg Amendment" really messed things up for some people :banghead:

Let us know how it plays out.
BTW, i have a FL CWP, and very uncommon last name. I always provide my SSN, and always get an approval instantly... thank God!

 

[TonyStarks]

Actually, i was told that NICS did not do the background check. In Florida when buying from a dealer, FDLE performs the check and when buying from Pawnshops, NICS performs the checks.

as far it being more difficult to obtain the CWP, do you mean process wise or eligibility?

 

[eric.cartman]

as far it being more difficult to obtain the CWP, do you mean process wise or eligibility?

Eligibility. Federal law makes no mention of DUI.

 

[TonyStarks]

So what are the laws in Florida that would disqualify a person from purchasing a firearm? I tried to look it up but couldn't find a site,
also my buddy said that FDLE did not ask for a SS# from the dealer so they didnt submit that.

 

[romma]

http://licgweb.doacs.state.fl.us/weapons/eligible.html

Here you go!

 

[TonyStarks]

i guess the problem must be because his name may be common. Which is a very dumb way of checking. No idea why FDLE doesnt use ss# strictly.

 

[igpoobah]

In Arkansas, no nics check if you have CWP. woohoo!

 

[eric.cartman]

In Arkansas, no nics check if you have CWP. woohoo!

Why is that? How come FL CWP doesn't exempt me from NICS.

Also, on the form there is space for SSN. I always put it in, and my dearer(s) always give it to the "voice" on the other end of the line

 

[scurtis_34471]

SSN may be optional, but its not smart to leave it blank. That is especially true if you have a very common name. SSN removes all question of who you are and avoids a lot of hassles.

 

[TonyStarks]

Well, all i know is that everytime i go buy a new pistol, i am worried about the FDLE/NICS delaying me. It makes you feel as if you did something when you know you didnt.

I wish the CWP or CCL was enough like in some states.

 

[eric.cartman]

Well, all i know is that everytime i go buy a new pistol, i am worried about the FDLE/NICS delaying me. It makes you feel as if you did something when you know you didnt.

I wish the CWP or CCL was enough like in some states.

I'm right there with you TonyStarks!!!
EVERYTIME they call me in, i feel like a criminal and have this weird feeling of uneasiness. My life flashes before me and I try to recall if i did something wrong that could get me denied. Weird. It no longer feel like a right, but more like asking for permission before being privileged to do something. I guess I've heard too many horror stories of people being denied and having to fight the BS background check.

 

[igpoobah]

All states are different I guess. I suppose that they feel like if I was 'good' enough to get a CWP and still have it, then I'm good enough to walk out with a gun. Still have to do 4473's of course.

 

[PILMAN]

Yeah I don't like the background checks either, I always have a strange feeling i will be denied despite the fact i haven't done anything wrong. I have had one hold up with FDLE, purchased a stripped lower receiver and their computer systems were down for the entire day so I had to drive back 45 minutes to my house and go back the following day to pick it up.

 

[Guitargod1985]

eric.cartman, it used to be possible to purchase a firearm from a licensed dealer in the state of Florida without NICS check if you possessed a CWL. I'm not sure of the exact date of the change, but I believe it was in February 2003.

I also dislike the background checks. There's a fine line between something in my past and a condition that would disqualify me from owning a firearm.

 

[romma]

I hate being delayed... Long ride from my house to any decent shop.

 

[TonyStarks]

it makes no sense to me how florida can issue you a concealed permit and then possibly deny you from purchasing a firearm.

is it safe to say that if you have a concealed permit you meet the requirements to purchase a pistol? or is that a different set of qualifiers all together?

all these rules confuse me.....what ever happened to "here is my money, give me my pistol, see you again in two weeks?"

 

[FlaXD]

it makes no sense to me how florida can issue you a concealed permit and then possibly deny you from purchasing a firearm.

As I recall, and without checking the law at this moment, Florida may deny your CCW for certain things that happened within a certain time frame.

The NICS/federal time frame for a disability is basically forever in disqualifying you from purchasing a gun.

Why bother? Even if you are not able to purchase a gun, FL's CCW is a "weapons" permit and not a "gun" permit so you could carry something else.

FWIW, I've bought from gunshops, pawnshops, and via FFL transfers. I've never used my SSN and my name isn't rare. Never had more than 30 seconds elapse before "the voice on the other end" gave approval.

 

[TonyStarks]

the florida permit is actually a concealed weapon permit or a firearm license. atleast thats what it says on the florida license.

 

[Duncan223]

I agree with the SSN & Name because it eliminates possible confusion for the person performing the check. In Florida, there are 37 people with the same first & last name as I have, and 114 in the USA. I've received collections calls for the other guy, reference checks phone calls, etc. It is confusing, but if your friend has the license, then there really should have been no problem.