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Thread: This is B.S.! There's an issues with my CCW application!

  1. #1
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    Angry This is B.S.! There's an issues with my CCW application!

    Well I called on my application today and I was told that there was an issue and that FDLE has sent me a letter in the mail; that is all the info the lady gave me, except that now it will be another 6 to 8 weeks and all this was started in May!

    I'm not saying that me background is crystal clear, but clearly I am not a felon or I would not have been able to buy my gun (at a gun shop). This is ******* ********!!!!

    Well let me just come out and ask... Even thought I can get a firearm, can I still be denied a CWP? One would think that if one could get a gun after clearing the 3 day background check, then that same individual would be able to obtain a damn CWP.

    This is just ********!!!

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    Well I took that 30 question test on the FDACS website that will tell you if you qualify, and it seems that due to a withhold of adjudication on a B.S. felony charge back in 97, this may be causing my issue. The thing is, it is WELL OVER 3 years and wouldn't the FDLE have the disposition from the court? Outside of that, there should be nothing holding me back. The ONLY actual conviction I have is a Misdemeanor from 94 for getting into a fight at a club called the EDGE in Ft. Lauderdale - $75 to the magistrate and I was on my way. Then in 97 with the Felonies, but they were all withheld adjudication; I served my Probat and even received early term so from 97 till now NOTHING! I have some other arrests, but no convictions. Hell... I even worked for the Department of Defense with the same background and was given a mid-level security clearance. ehhh... this is B.S.!!!


    http://app1.licgweb.doacs.state.fl.u...questions.aspx


    Concealed Weapon or Firearm License Preliminary Eligibility Determination

    Based upon your answers, you may not qualify for the following reasons:

    You answered Yes to question 15 - Have you had adjudication of guilt withheld on any felony?
    » You are not eligible for licensure if you have had adjudication of guilt withheld on any felony and three years have not elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.

    However, if three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged, you may be eligible for licensure.

    A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application. Upon receipt of this documentation, your application will be further reviewed to determine your eligibility for licensure. If additional information is required, you will be notified in writing.
    Last edited by Terminal Velocity; 07-28-2011 at 05:34 PM.

  3. #3
    Regular Member Badger Johnson's Avatar
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    Here's what you do.

    1. Connect with your local open-carry grass-roots organization or any one of those mentioned here, for more information;
    2. With the help of Google or with these contacts find the appropriate lawyer in your area and get him to petition for an expungement;
    3. Profit.

    In the meantime, since you don't say your location, which is fine, you might try to post in General Discussion for help.

    Good luck!
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

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    Hmmm... What about question #9?

    --Are you currently under arrest or charged with any crime of violence?--

    "You are not eligible for licensure if you are under arrest or currently charged with any felony, or crime punishable by imprisonment for more than one year; or any crime of violence, including crimes of domestic violence;..."

    Maybe that fight was considered a crime of violence.

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    Quote Originally Posted by Badger Johnson View Post
    Here's what you do.

    1. Connect with your local open-carry grass-roots organization or any one of those mentioned here, for more information;
    2. With the help of Google or with these contacts find the appropriate lawyer in your area and get him to petition for an expungement;
    3. Profit.

    In the meantime, since you don't say your location, which is fine, you might try to post in General Discussion for help.

    Good luck!

    Oh sorry, I thought it would have been a given that I was in Florida since this is the Florida section, my bad

    I can't do an expungement, but I can seal my record.

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    Quote Originally Posted by KeepShootin View Post
    Hmmm... What about question #9?

    --Are you currently under arrest or charged with any crime of violence?--

    "You are not eligible for licensure if you are under arrest or currently charged with any felony, or crime punishable by imprisonment for more than one year; or any crime of violence, including crimes of domestic violence;..."

    Maybe that fight was considered a crime of violence.

    We were charged for Trespassing.

  7. #7
    Regular Member Badger Johnson's Avatar
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    Quote Originally Posted by Terminal Velocity View Post
    Oh sorry, I thought it would have been a given that I was in Florida since this is the Florida section, my bad

    I can't do an expungement, but I can seal my record.
    Well, point is, seek out a lawyer who specializes in those types of things.
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

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    Quote Originally Posted by Badger Johnson View Post
    Well, point is, seek out a lawyer who specializes in those types of things.

    Yeah, if this letter is not simply asking for court dispositions on said charges and a disposition on my probat, then I will be
    doing just that
    Last edited by Terminal Velocity; 07-28-2011 at 08:01 PM.

  9. #9
    Campaign Veteran StogieC's Avatar
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    Once you get that letter in the mail you will know for sure what the problem is and can address the issue. I see you are in Jax, we have an excellent lawyer there who is also a member of OCDO.

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    Quote Originally Posted by StogieC View Post
    Once you get that letter in the mail you will know for sure what the problem is and can address the issue. I see you are in Jax, we have an excellent lawyer there who is also a member of OCDO.
    Agreed. You should get your letter any day now. It'll likely tell you what's up and what to do.

    FWIW, based on similar issues I've observed, one scenario is that they just need you to get them a certified copy of any dispositions. Yea, they're the State of Florida, you'd think they would have access and could probably lay their hands on it easier and faster.....but, the State of Florida is lazy. LOL

    Good luck, if what you say is your only concerns regarding your past, I've seen folks with worse issues get passed. But, that's my own personal observations, no where NEAR legal advice. If your letter doesn't help, lawyer up.

    Oh yea, and, the background check for a purchase is not the same as the one for your CWFL. Different background checks run by different alphabet soup agencies. So, a difference isn't out of the ordinary.
    Last edited by JeepSeller; 07-29-2011 at 09:45 AM.

  11. #11
    Campaign Veteran skidmark's Avatar
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    The answer to your delay was right there in your second post. Here' I'll repeat it for you:

    A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application. Upon receipt of this documentation, your application will be further reviewed to determine your eligibility for licensure. If additional information is required, you will be notified in writing.
    emphasis added.

    It seems you submitted an incomplete application.

    Stop whinging and go follow the directions. From what you have posted you meet the requirements. You just have not followed the instructions. Be glad they're not telling you to start all over and your original applicatio fee is forfiet.

    stay safe.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    --snip--
    since you don't say your location, which is fine, you might try to post in General Discussion for help.

    Good luck!
    This is posted in the Florida sub-forum so it is logical to presume that is his location. Since the requirements pertaining to applications for permits is state specific, posting in General Discussion would just dilute the responses.

    Skidmark seems to have identified the glitch.
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  13. #13
    Regular Member RRobaldo's Avatar
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    Quote Originally Posted by Terminal Velocity View Post
    • a B.S. felony charge back in 97...
    • a Misdemeanor from 94 for getting into a fight ...
    • in 97 with the Felonies...
    • I have some other arrests...

    Seems to me you've answered your question right there.
    Your record is far from what I'd call "clear".
    Not quite sure why you WOULDN'T expect to have to answer some more questions.


    So just settle down, wait for the letter, and answer their questions. It's very likely that the felony charge(s) are what the hold up is.
    Just provide the proper court documentation showing you weren't convicted and your permit will be on it's merry way.
    Yes, I worry that I may be killed by my own gun...

    But my attacker will have to use it to beat me to death because it will be out of bullets!

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    Quote Originally Posted by StogieC View Post
    Once you get that letter in the mail you will know for sure what the problem is and can address the issue. I see you are in Jax, we have an excellent lawyer there who is also a member of OCDO.
    Yeah it should be an easy clear up, but I just wish I had know I had to include a court disposition. I wonder if I will need something from the Depart. of Corrections showing that my Probat has termed?

    Can you PM lawyers name and/or info? Thanks Bro!


    Quote Originally Posted by JeepSeller View Post
    Agreed. You should get your letter any day now. It'll likely tell you what's up and what to do.

    FWIW, based on similar issues I've observed, one scenario is that they just need you to get them a certified copy of any dispositions. Yea, they're the State of Florida, you'd think they would have access and could probably lay their hands on it easier and faster.....but, the State of Florida is lazy. LOL

    Good luck, if what you say is your only concerns regarding your past, I've seen folks with worse issues get passed. But, that's my own personal observations, no where NEAR legal advice. If your letter doesn't help, lawyer up.

    Oh yea, and, the background check for a purchase is not the same as the one for your CWFL. Different background checks run by different alphabet soup agencies. So, a difference isn't out of the ordinary.

    It just sucks that I've waited this long, in some cases longer that those that submitted AFTER I did. And you're right, you would think that they had immediate access to all the info they need, but are too lazy to get it. Plus its their way to jack fees from us I guess.

    Yeah, that's the only thing on my background that would give me issue; I don't think it too bad for someone who grew up on the streets of Miami. I was far from a nice guy at one time, but I never robbed old ladies, lol...

    They should make buying a gun and getting a CCW an ALL-In-One deal... This multi-Department crap is B.S. If you can get a gun then you can get a CCW!



    Quote Originally Posted by skidmark View Post
    The answer to your delay was right there in your second post. Here' I'll repeat it for you:

    emphasis added.

    It seems you submitted an incomplete application.

    Stop whinging and go follow the directions. From what you have posted you meet the requirements. You just have not followed the instructions. Be glad they're not telling you to start all over and your original applicatio fee is forfiet.

    stay safe.

    If I had known that I needed it, I would have included it. It's not like I don't have a copy in my records.



    Quote Originally Posted by Grapeshot View Post
    This is posted in the Florida sub-forum so it is logical to presume that is his location. Since the requirements pertaining to applications for permits is state specific, posting in General Discussion would just dilute the responses.

    Skidmark seems to have identified the glitch.

    Yep... Good'Ol Florida



    Quote Originally Posted by RRobaldo View Post
    Seems to me you've answered your question right there.
    Your record is far from what I'd call "clear".
    Not quite sure why you WOULDN'T expect to have to answer some more questions.


    So just settle down, wait for the letter, and answer their questions. It's very likely that the felony charge(s) are what the hold up is.
    Just provide the proper court documentation showing you weren't convicted and your permit will be on it's merry way.

    As I stated above, I wish I had known about including the disposition and I would have. It just sucks that this will now further delay the process.

  15. #15
    Regular Member 77zach's Avatar
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    This permit process is so funny. If you're not so dangerous that you can be allowed to remain free of prison, why say you can't be trusted with a carry license? If you can't be trusted with a gun, then you certainly should be in jail.

    Our dumb world.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  16. #16
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by 77zach View Post
    This permit process is so funny. If you're not so dangerous that you can be allowed to remain free of prison, why say you can't be trusted with a carry license? If you can't be trusted with a gun, then you certainly should be in jail.

    Our dumb world.
    No, he's OK. They just need to CYA with the disposition info on file to prove that he's really an OK guy per the rules as they are written.

    Now for my patented, copyrighted and trademarked cure for his problem - go ahead and submit the paperwork NOW, with a cover letter telling them which application to attach it to. No need to wait on some letter telling him what to do.

    And if the letter comes with other glitches to be cured, he's just a step ahead of the game anyhow.

    stay safe.
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    Because stupidity isn't a race, and everybody can win.

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    "We were charged for Trespassing. "

    Actually that alone can be enough to muck it all up for you.

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    Quote Originally Posted by 77zach View Post
    This permit process is so funny. If you're not so dangerous that you can be allowed to remain free of prison, why say you can't be trusted with a carry license? If you can't be trusted with a gun, then you certainly should be in jail.

    Our dumb world.

    I agree with about 95% of that, lol... But yeah, they should have everything at their disposal to tell them all they need to know about me.


    Quote Originally Posted by skidmark View Post
    No, he's OK. They just need to CYA with the disposition info on file to prove that he's really an OK guy per the rules as they are written.

    Now for my patented, copyrighted and trademarked cure for his problem - go ahead and submit the paperwork NOW, with a cover letter telling them which application to attach it to. No need to wait on some letter telling him what to do.

    And if the letter comes with other glitches to be cured, he's just a step ahead of the game anyhow.

    stay safe.

    That's a good Idea! I'm sure I'll have the letter by Monday though.

    I also talked to the local office here in JAX and the supervisor I talked to said when I get the letter that I can come see her. Hopefully this will cut some of the RED TAPE.


    Quote Originally Posted by j4l View Post
    "We were charged for Trespassing. "

    Actually that alone can be enough to muck it all up for you.

    You really think a 3rd degree Misdemeanor, or what ever it is, will nullify your chances of getting a CWP!? I can't see a charge, where I paid a B.S. $75 fee, could keep me from a CWP, but this is Florida and anything goes...
    Last edited by Terminal Velocity; 07-29-2011 at 06:52 PM.

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    Quote Originally Posted by Terminal Velocity View Post

    I don't think it too bad for someone who grew up on the streets of Miami.
    Vanilla Ice, Ice baby...

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    Quote Originally Posted by Terminal Velocity View Post
    I agree with about 95% of that, lol... But yeah, they should have everything at their disposal to tell them all they need to know about me.





    That's a good Idea! I'm sure I'll have the letter by Monday though.

    I also talked to the local office here in JAX and the supervisor I talked to said when I get the letter that I can come see her. Hopefully this will cut some of the RED TAPE.

    Its not about the level of the crime, or the fine paid/time served for it-its about the type of crime, and how a lot of folks reviewing applications view it in relation to what it says about you- the person. I've seen even more minor crimes muck folks up for even a Secret clearance app.



    You really think a 3rd degree Misdemeanor, or what ever it is, will nullify your chances of getting a CWP!? I can't see a charge, where I paid a B.S. $75 fee, could keep me from a CWP, but this is Florida and anything goes...
    Its not about the level of the crime, or the fine paid/time served for it-its about the type of crime, and how a lot of folks reviewing applications view it in relation to what it says about you- the person. I've seen even more minor crimes muck folks up for even a Secret clearance app.

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    Quote Originally Posted by j4l View Post
    Its not about the level of the crime, or the fine paid/time served for it-its about the type of crime, and how a lot of folks reviewing applications view it in relation to what it says about you- the person. I've seen even more minor crimes muck folks up for even a Secret clearance app.
    Well funny you say that because I received my Secret Clearance without issues when I was with the D.O.D..... same background.

  22. #22
    Regular Member MKEgal's Avatar
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    You really think a 3rd degree Misdemeanor, or what ever it is, will nullify your chances of getting a CWP!?
    My FL permit was delayed because I'd been wrongfully arrested,
    for something police aren't allowed to arrest for,
    that isn't a crime (which is why they can't arrest for it),
    that didn't result in charges,
    that did result in that city paying out after a federal civil rights suit.

    Other than that & a couple tickets each for speeding & parking, my record is completely spotless.

    I emailed FL a scan of the letter from the district att'y & pointed out where he said what I did wasn't a crime, pointed out where he said he wasn't charging or ticketing me for anything, & my permit arrived a few days later.

    Skid pointed out that you didn't follow directions,
    & others have pointed out that you do have a background they need to investigate.
    So send them the documentation you forgot earlier & get control of your temper.
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