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Thread: don't know what to do!

  1. #1
    Regular Member
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    don't know what to do!

    I was in a very bad relationship 12 years ago,got out of it then had an altercation after moving out. a verbal one. no touching just arguing about what stuff was who's. anyway she called the leo's and i was charged with domestic violence. went to court and after going to a class the judge with held judification was free to go. 4 years after that bought a glock21 and the clerk said i had a condition when they did the background check. got the gun after waiting 5 days.3years ago i took my concelled weapons course got my ccp went to buy a glock27 yesterday for cc and the girl came back and said i still had a conditional,and that after 4 days if they dont here anything i can get the gun. does any one know whats up?i read somewhere that in fla. after 3 years it shouldn't be a problem.

  2. #2
    Regular Member pooley's Avatar
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    Quote Originally Posted by koja1962 View Post
    I was in a very bad relationship 12 years ago,got out of it then had an altercation after moving out. a verbal one. no touching just arguing about what stuff was who's. anyway she called the leo's and i was charged with domestic violence. went to court and after going to a class the judge with held judification was free to go. 4 years after that bought a glock21 and the clerk said i had a condition when they did the background check. got the gun after waiting 5 days.3years ago i took my concelled weapons course got my ccp went to buy a glock27 yesterday for cc and the girl came back and said i still had a conditional,and that after 4 days if they dont here anything i can get the gun. does any one know whats up?i read somewhere that in fla. after 3 years it shouldn't be a problem.
    I think I would request your criminal record & make sure it reflects what really happened. Sometimes clerks have bad days & there could be some discrepancy.

  3. #3
    State Researcher
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    Since the OP was not actually convicted of anything, the incident he described does not affect his eligibility to possess firearms or have a concealed weapon license (enough time has elapsed since the withheld adjudication under Florida law).

    However, it appears that the OP's firearm purchase background checks are delayed (but not denied) because FDLE and/or the FBI (NICS) need additional time to review the records to confirm that he may legally possess firearms.

    If the OP places a high value on not having future gun pourchases delayed, he could apply for a Voluntary Appeal File and obtain a UPIN that may reduce the occurrence of future delays.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  4. #4
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    It may vary from state to state, but one thing comes to mind:

    The court disposition never got entered so only the arrest pops up on the background check and not the disposition (how it was resolved). If that occurs, some states won't allow the background cleared until they know what the outcome of the case was, especially if it involves a crime that will prohibit you from possessing a weapon.

    In many cases when you're arrested your fingerprints are taken, your personal info and the arrest charge. It is kept by the arresting agency, state PD, and FBI (depending on charge - minor driving offenses, status offenses are not kept by FBI). Later when you go to court and the case is resolved (by whatever means - adjudication, dismissal, conviction, etc), the courts are supposed to send a disposition to the record-keeping agencies to show how the charge was handled. At least in my state (TN), it was here where the issue normally arose. Many courts didn't send out the disposition paperwork so only the arrest would show up during a background check. If the background folks only show an arrest and not the court outcome, they won't approve the weapon purchase without that info. You have to stay on the court's tail to make sure that the outcome is listed in the system. At least that's how it was handled in TN.

  5. #5
    Activist Member
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    You probably have one, but if you don't get a lawyer so your record is clear through and not hanging like most of the time when events occur.
    Nothing better than a Glock.........except maybe another Glock!

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