PLEASE HELP..."Conditional" in Florida on handgun buy?


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Old44Mag
February 13, 2011, 01:03 PM
I don't know what to do? Here is the story. About two years ago it was kind of a low point in my life. Two things happened when I was dating the "wrong girl" (who was very attractive).

#1 she called the police in on me that I was thinking about attemping suicide. Police showed up at my house I was sitting on the couch watching TV. They said they were required to take my guns and take me in for mental observation? I was pretty pissed but showed them there my guns were and went with them soon to be released a few hours (normally one stays at least over night) when they figured out it was BS. But had to go to court to get my guns back or they'd be destroyed. I quickly got a lawyer who I ended up not needing, went in front of a judge and the judge ordered I get my 4 guns back ASAP. The officer even carried them to my car for me.

#2 same girl (yes I don't learn) she came in drunk to my house a few months later (I'm sober don't really drink), started a fight called police and made claims of DV. I just walked outside and sat on the stoop waiting for them to come, I'm not running or anything crazy. They arrested me, that was a nightmare. But she bailed me out and wrote this long letter about how she it was her fault, I ONCE AGAIN got a lawyer I didn't need, didn't even stand in front of a judge and there weren't even any charges put on me.

I WAS NOT convicted - NO CHARGES - NOT CONVICTED OF DV. No restraining order, NOTHING. Since then ditched the girl, yeas I'm an idiot. I'm in the Air Force for 10 years, had backround checks conducted on me for high levels of clearence, and came out just fine. I applied for my AZ Concealed carry permit and recieved it in less than a week (AZ offers this for non-residence in the military without classes and its good for most states) that was a couple months ago.

I just left Travis AFB, California (where all that stuff happened) last month and here I am at my new duty station in Elgin AFB in Florida. I just got my Florida drivers licence and decided to treat myself to a new handgun. Bought it, not thinking there would be a problem and after the gun dealer was on hold for a long time with FFDL I got a "conditional" and have to go back next week? Fearing my job, I called FFDL myself, not giving my name they were very nice and said NICS only sees the arrest not the dispostion. In a world where we can get dried saliva off a 20 year old cigerrette and use the DNA to make an arrest, the FBI doesn't know if someone was convicted or not on a world wide data base? Doesn't make sence.

Anyway they went on to tell me it California is slow with answering their requests for dispositions. Awesome. I'm supposed to go to the dealer this week and he will call them at the end of the 3rd business day. Now what? I spoke with a lawyer and he told me I should be allowed to purchase a firearm. Does a DV arrest NOT CONVICTION bar me from purchasing a firearm? Or a BS mental sitution were I was handed my guns back by police? Someone please help?

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o Unforgiven o
February 13, 2011, 01:15 PM
No, neither of those things will bar you from purchasing a firearm. I would think that the CA PD is just being slow to answer the questions, hang tight.

Old44Mag
February 13, 2011, 04:30 PM
My concerns are:

1. Does a DV arrest alone (no conviction no restraining order thrown out at the police level) bar one from gun owership?

2. Does just being mentally evaluated bar one from gun ownership?

3. Changing residence? Will a recent state of residence change cause a "glitch" in the system?

4. why did I get my AZ CCW permit so fast?

I can't even remember the last parking ticket or speeding ticket I recieved.

tyeo098
February 13, 2011, 04:59 PM
Someone needs to relax. You got "Conditional" not denied.
My friend gets this all the time because he's "hispanic" but looks white, so the GS guy always says "white" on the phone, without reading the paper, and this creates a conflict with the "hispanic" on his record... and hilarity ensues... But it works itself out.

Did you put your SSN on the 4476 to avoid any John Smith type issues?

Old44Mag
February 13, 2011, 05:20 PM
The dealer told me not to, he told me I didn't have to give the goverment that info. My name isn't too common, I even did a google serarch of me for criminal records...nothing. A warrent check...nothing. No jay-walking tickets either. My family is pretty big and my cousins and brothers are mostly military, local, state and federal law enforcement. I do have one cousin in and out of jail. Its embarassing and I'm more concerned about my job after being denied a firearm purchase. So I didn't give my SSN at first but while on the phone with FDLE, the dealer asked for my last 4 and I gave it to him.

I just don't see joe-gun-buyer as a priority. Whatever is showing up with the FDLE seems easlier for them to just decline me. I really don't see the Florida Department of Justice, California Department of Justice and the FBI shutting down operations to correct some dude's records. They don't want people to have guns anyway. Its just easier for them to declined me and have ME go through the paperwork shuffle to fix it. I see this being a huge costly hassel. That's why I'm worried about it.

quilobo
February 13, 2011, 06:09 PM
I have a very similar issue except I have disorderly conduct on my record. NV NICS denied me because of a flag place in PA. I called PA and they said they would not have a problem allowing me to purchase but the flag was put on there because Disorderly Conduct is a broad charge and they put the flag on it so NICS would ensure it wasn't DV. PA NICS unit (PICS) said I need to send them a copy of the "Criminal Complaint" and the "Affidavit of Probable cause" so I have faxed them that so they can see it wasn't DV so they can remove the flag. I to have had background checks ran on me each year for the past 3 years for my job. I had no way of knowing of this flag until I tried to purchase the handgun. Like you I am more worried about my job than the gun purchase.

Old44Mag
February 13, 2011, 06:33 PM
So PA approved your gun purchace BUT still wants you to send them info that THEY generated? So they in turn can update their system, then the federal gov can update their's and NV can get the proper info? Wow, unreal.

quilobo
February 13, 2011, 07:13 PM
Yes PA state police said I had to contact the courts and get the documents faxed to them, or I could get the documents myself and fax them to the PA state police. I had to fax them myself because the court would not fax them to the PA state police. I think their hope is people will give up because it is to difficult.

Old44Mag
February 13, 2011, 07:33 PM
That's what I'm worried about. That FDLE will just think double checking my records is too much work or Cali will slow-roll getting the info to them and just deny me or let me figure out on my own what the hell has to be fixed. One less gun "on the street".

I was just reading about the AZ CCW I currently have and it states they check NICS and go far beyond that checking with local law enforcement, checking finger prints, driving records and some other items. This isn't adding up, I recieved my AZ CCW in Arizona literally in a week. I remember mailing it around Christmas and it coming in just around New Years this year, in the busy season when no one is at work! A CCW is supposed to be more difficult than buying a firearm. I don't get it, I just have a feeling I'm going to have to pay a lawyer to look at and exponge whatever is on my record (which if anything is non-convictions) not so much for buying guns but for work.

A side note, I own property in NV that I rent out, I still can't buy guns there. But I'm over it. I just want my background to be correct!

quilobo
February 14, 2011, 11:50 PM
Well PA called me today and said they had removed the flags,so I in turn called NV dps and asked them to check. They told me they had to have the documentation sent from PA, and that they could not arbitrarily run another check that I had to go pay another $25 at the gun store for them to run it. The gun store told me the state will contact them when it is cleared up. Man will I be happy when this gets straight. I know I don't have it as bad as some guys, but the left hand not knowing what the right hand is doing **** is getting old.

Old44Mag
February 15, 2011, 08:31 AM
Tomorrow is the 3 day mark (24hr = 8hr a day X 3 business days). We'll see what the conditional turns into. What the HELL do I do if I'm denied? I ordered the gun from some shop in TX. Does the dealer hold it for me with some storage fee? I also leave for Afghanistan again soon where I obviously will carry a weapon. If I knew it was going to be this much trouble I wouldn't have even bought it but I'm stuck because I'm $700+ deep already.

quilobo
February 15, 2011, 11:42 AM
I ordered mine online and it is sitting at a dealer to, Luckily I just bought a cheap 45 to throw in the beside table. But the dealer has held it now for 3 weeks.

quilobo
February 15, 2011, 09:53 PM
woohoo I got my gun today. Man I was worried about my job there for a bit.

Art Eatman
February 15, 2011, 10:19 PM
Original question answered...

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