Page 1 of 2 12 LastLast
Results 1 to 25 of 33

Thread: Why does every gun shop want to charge me $5 for a background check?

  1. #1
    Regular Member
    Join Date
    Dec 2007
    Location
    , Florida, USA
    Posts
    12

    Post imported post

    Florida statutes:

    1790.065 Sale and delivery of firearms.--

    (1)A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until she or he has:

    (a)Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee.

    (b)Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The fee shall be established by the Department of Law Enforcement and may not exceed $8 per transaction. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System. The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement. All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section. The Department of Law Enforcement, each year prior to February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the appropriations committees of each house of the Legislature. In the event that the cumulative amount of funds collected exceeds the cumulative amount of expenditures by more than $2.5 million, excess funds may be used for the purpose of purchasing soft body armor for law enforcement officers.

    (c)Requested, by means of a toll-free telephone call, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request.

    (d)Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form.

    However, if the person purchasing, or receiving delivery of, the firearm is a holder of a valid concealed weapons or firearms license pursuant to the provisions of s. 790.06 or holds an active certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," a "correctional officer," or a "correctional probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), the provisions of this subsection do not apply.




    The way I read this, I don't have to pay the $5 or $8 max fee noted above. But every gun shop I go to they say "oh no, ccw only waives the 3 day waiting period we still do a background check".



    Any other Florida resident experiences in this area?



    Thanks





  2. #2
    Regular Member
    Join Date
    Oct 2007
    Location
    Las Vegas, NV, ,
    Posts
    43

    Post imported post

    Wow, only a $5 fee. It is $25 here in NV.

  3. #3
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    34

    Post imported post

    $10 in TN

  4. #4
    Regular Member
    Join Date
    Jul 2007
    Location
    , South Carolina, USA
    Posts
    2,247

    Post imported post

    Sounds like a good way to increase revenue but I don't know. Here in SC they do the NICS deal uless you have a CWP. Most shops have a sign saying that it is a $25 charge to do the check but will be applied to the purchase of a gun. It keep them from having to run it on every joker that comes in knowing full well he isn't going to pass but hopes he can get by this time or someone just window shopping with no intentions of buying.

  5. #5
    Regular Member
    Join Date
    Dec 2007
    Location
    , ,
    Posts
    129

    Post imported post

    2 ways about it.

    Get a letter from the authority doing the checks stating it's not needed have them send you a certified copy. Shove it in said dealers face. If they refuse to recognise it then don't do business with him.

    The next is if you still think it's not needed after the letter then watch them do the check. Ask for the confirmation number. Or be really sly and say you would like to see the 4473 form because fo some potential error. There is a box where the NICS # goes and if we use a CCW there is a box to check off that states in leu of background check. If it's checked and there is another # like your permit # then the dealer is just padding his walet.

    The last show in Reno there was a dealer doing this. If you didn't have a CCW he was charging the check fee and putting a CCW permit # in the box. No phone call to Carson City means $25 in his pocket. Customer was none the wiser. I foundout only because a guy was complaining at my table about the fee when my friend said he had to run the check. "The other guy just put some # in" was his comment.

    Be happy it's only $8 max. I can understand because I never paid a fee in MA then I show up in NV and whoa $25. I didn't buy any guns till I had my CCW or I got them back east prior to completing my move.

  6. #6
    Founder's Club Member
    Join Date
    Dec 2007
    Location
    Dallas, TX, ,
    Posts
    496

    Post imported post

    Print out these statutes and have them with you the next time you go to purchase a gun. If they still insist on a background check then it's their requirement, not Florida's,and you should not have to pay a dime for it. From the text of the statutes, however, I doubt it's illegal to require a background check on alicense holder; it just says it's legal NOT to run the background check.

  7. #7
    Regular Member
    Join Date
    Jun 2006
    Location
    Commonwealth of Virginia
    Posts
    78

    Post imported post

    What it is saying is that the state of Florida does not require a background check for holders of concealed permits. However, BATFE does. BATFE will only allow a state CCW to substitute for a background check if that state has continuous "real time" updates of their CCW databases with regard to arrests/convictions by its CCW holders. Florida does not do this (it can take months for an arrest or conviction to result in CCW suspension/revocation in FL), so under BATFE rules, you must still have an NICS check done when purchasing from an FFL holder.


  8. #8
    Regular Member
    Join Date
    Jan 2008
    Location
    , Florida, USA
    Posts
    2

    Post imported post

    gunrunner1911 wrote:
    2 ways about it.

    Get a letter from the authority doing the checks stating it's not needed have them send you a certified copy. Shove it in said dealers face. If they refuse to recognise it then don't do business with him.

    The next is if you still think it's not needed after the letter then watch them do the check. Ask for the confirmation number. Or be really sly and say you would like to see the 4473 form because fo some potential error. There is a box where the NICS # goes and if we use a CCW there is a box to check off that states in leu of background check. If it's checked and there is another # like your permit # then the dealer is just padding his walet.

    The last show in Reno there was a dealer doing this. If you didn't have a CCW he was charging the check fee and putting a CCW permit # in the box. No phone call to Carson City means $25 in his pocket. Customer was none the wiser. I foundout only because a guy was complaining at my table about the fee when my friend said he had to run the check. "The other guy just put some # in" was his comment.

    Be happy it's only $8 max. I can understand because I never paid a fee in MA then I show up in NV and whoa $25. I didn't buy any guns till I had my CCW or I got them back east prior to completing my move.
    If you come in with a cetrified copy, I am still going to run a check on you. That paper in your hand is not updated in real time. You carry permit is not updated in real time and you could be handing me one that is revoked, so I am going to check NICS you as required by the ATF. Also, if you shove it in my face or have a poor attitude about it, you will be promptly removed from my property empty handed.

  9. #9
    Regular Member
    Join Date
    Feb 2008
    Location
    , ,
    Posts
    5

    Post imported post

    Ive had plenty of CCW holders denied when doing the background check. Just like what the post above me said, theres plenty you can do in the time it takes to renue the lisence.

  10. #10
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    In Virginia it is $20.00 + $2.00

    Your getting off easy!!

    There is a little revenue in that but I believe some of the money goes to the state to help run the center that does the checks and maintain the equipment. I could be wrong.


    But thinking like the state and having to fund such operations.. why make ALL the citizens of the state pay for checks that only gun owners request?? So those that buy guns pay into the gun check system.

  11. #11
    Regular Member
    Join Date
    Feb 2008
    Location
    , ,
    Posts
    5

    Post imported post

    here the whole $5 goes to the state. It is non taxed.

  12. #12
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Mama Tried wrote:
    here the whole $5 goes to the state. It is non taxed.
    Better weather, Disney, Cheap Cruises, betterbackground checkprice, and old people! You guys got it all down there, huh??!!



  13. #13
    Regular Member
    Join Date
    Feb 2008
    Location
    , ,
    Posts
    5

    Post imported post

    haha, if you count all that it sucks lol

  14. #14
    Regular Member
    Join Date
    Apr 2008
    Location
    St Augustine, Florida, USA
    Posts
    2

    Post imported post

    FDLE charges a 5.00 fee to run through their system. We can run a direct federal check but fla requires that you go through FDLE before transfering a gun. So the fee is a state fee not a federal fee.

    Also if you are a law enforcement officer or judge or corrections officer then that is the provision that can have the fee waived for ccw.

    Hope this helps




  15. #15
    Founder's Club Member
    Join Date
    Feb 2007
    Location
    No longer in Alexandria, Egypt
    Posts
    2,798

    Post imported post

    attac wrote:
    FDLE charges a 5.00 fee to run through their system. We can run a direct federal check but fla requires that you go through FDLE before transfering a gun. So the fee is a state fee not a federal fee.

    Also if you are a law enforcement officer or judge or corrections officer then that is the provision that can have the fee waived for ccw.

    Hope this helps
    Awesome first post -already helping members! Welcome to OCDO!

  16. #16
    Regular Member
    Join Date
    May 2008
    Location
    , ,
    Posts
    1

    Post imported post

    Funny how law enforcement officers and judges are exempt from the background checks, but not from the 3 day waiting period.

    CCW holders don't have the wait, but must do the backrround check. Police officers, even in uniform and wearing a sidearm, are exempt from the check ad must wait.



    What's up with that?



  17. #17
    Regular Member
    Join Date
    Apr 2008
    Location
    St Augustine, Florida, USA
    Posts
    2

    Post imported post

    National Carry Law for LEO and Judges now.

  18. #18
    Regular Member
    Join Date
    Mar 2008
    Location
    Virginia Beach, ,
    Posts
    204

    Post imported post

    attac wrote:
    National Carry Law for LEO and Judges now.
    National Carry Law for ALL citizens! :celebrate

  19. #19
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    32

    Post imported post

    you can have the old people back if ya want tho lol

  20. #20
    Regular Member
    Join Date
    Jul 2008
    Location
    Clearwater, Florida, USA
    Posts
    3

    Post imported post

    It is my understanding that the reason for the need for an NICS check for a gun purchase even if you have a CCW from the State of FLorida results from the fact that our carry permits are issued by the Division of Licensing, which is part of the Fl Dept of Agriculture. Since it is not a law enforcement agency, it does not have direct access to criminal records checks. We still go through the background check initially to get the permit, but there is no follow up because they don't have access to the system. For this reason, the BATFE does not consider possesion of a Florida concealed weopons permit to be an accetable substitution for the NICS check. It sucks that we still have to pay, but give me a break. When you are spending anywhere from a couple hundred to a couple thousand bucks on a firearm, what's another 5? At least there is no waiting period, I don't have the patience for that.

  21. #21
    Regular Member rvrctyrngr's Avatar
    Join Date
    Jun 2008
    Location
    SE of DiSOrDEr, ,
    Posts
    363

    Post imported post

    Starbuck and bamboy have it right. BATFE requires the check, even for CWFL holderssince DOACS does not keep realtime records.

    I had several CWFL holders denied in a check when I had an FFL.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

  22. #22
    Regular Member
    Join Date
    Jun 2008
    Location
    , Florida, USA
    Posts
    38

    Post imported post

    LEOs dont need a CCW because they are LE.They can carry openly 24/7.And I dont recall a wait for a handgun for LEOs in Fl.I could be wrong ,so can someone clarify this.

  23. #23
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    bluelinewalker2 wrote:
    LEOs dont need a CCW because they are LE.They can carry openly 24/7.And I dont recall a wait for a handgun for LEOs in Fl.I could be wrong ,so can someone clarify this.
    LEO are exempt from the waiting period as are CWFL holders. The NICS check, not so much.

  24. #24
    Regular Member
    Join Date
    Nov 2007
    Location
    NW Indiana, Indiana, USA
    Posts
    248

    Post imported post

    No fee charged here in Indiana. It's our Right to buy guns.

    Having a fee to buy a gun is like paying a fee to vote (poll tax). It's unConstitutional!

  25. #25
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338

    Post imported post

    Just don't raise to much stink, or the above part that is rendered void will be the $8
    max clause. Unless it is a very used sat night special, the taxes should eat up
    way more than the check fee.
    Maybe buy in bulk, so you only pay for one check, 5 guns = $1 each.
    Attend one of those "Evil" gun shows with the big loopholes in them.
    Take the dealer out for a fishing cruise, and buy it when more than 3 miles out,
    it's amazing how many guns vanish in that triangle.




Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •