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Denied? experience and timelines ?

20K views 107 replies 22 participants last post by  RetiredFireMan 
#1 ·
Well I submitted and got the dreaded denied notice online 4 days after i applied in person (Orlando office)

The reason for the denial seemed to be that I had a warrant that was opened for a failure to appear on 2 misdemeanors from 10 years ago. Both were not violence related..

Both were in Connecticut.. Long story short I drove al the way there and turned myself in. Faced the judge had the charges dismissed and the warrant obviously removed.

I came back to Florida and promptly faxed the appeal sheet and court documentation to the appropriate dept. I was told that the court sealed paper was not sufficient and I have to wait for Connecticut to remove the warrant from the NCIC data base, which they claim can take 2-4 months.. I looked under Public records and the warrant that was there is no longer. But apparently they are 2 different systems and thus I must wait..

Any one else have a situation Like this? I was also told i would have to pay again and reapply if it goes past the 60 days from time of denial.. Such B/S
 
#2 ·
You did not get denied. More like a request the processing of your application was suspended..

I was told that the court sealed paper was not sufficient and I have to wait for Connecticut to remove the warrant from the NCIC data base.
Who told you this? That does not sound correct. They may have meant that the fax was not sufficient and that a certified copy of the disposition is required.

I was also told i would have to pay again and reapply if it goes past the 60 days from time of denial.. Such B/S
That is wrong as well.
The time frame quoted is not supported by statute.


In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.
 
#3 · (Edited)
An individual with the name Richie I believe in Tallahassee. Not the agricultural division but the department which over sees fire arm purchases.

I remember I asked him twice if the stamped court paper dismissing the chargers was good and he answered twice no. That Connecticut has to clear the warrant from the NCic data base. Which he said normally takes months


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#4 ·
I had a friend who had a 20 year old weed charge , he needed a statement of the final dispostition of the case . The clerk of court charged him 5$ plus postage he overnighted the check and a return envelope then mailed it in and that was it . You have to hurry because there is a time limit . Hope it helps , good luck .
 
#5 ·
update.. today i was called and told warrant was removed and i cleared the check

Next step, I have to wait for the letter to come in the mail to then call the DOA and notify them of the clearance and if needed provide the letter..
 
#6 ·
:2thumsup
 
#10 ·
I got mine 8 days after 21. Ppl who wait years and years make me sick. I was also car carrying at 18 legally
 
#11 ·
me and my wife applied at the same time.. She got hers less than 2 weeks later.. but do to my issues it is now a month for me..

The told me if I dont hear anything from Agriculture in 2 weeks to call them..
 
#12 ·
****ty I had a friend recently applied and it got lost in the mail!
 
#13 ·
called Legal today , was told they received the paperwork from ffle clearing me from NCIC on the 8th and my app is currently with their supervisor for review.. No timetable available.. call back next friday for an update I was told.. SMH
 
#14 ·
Well that's something, at least. Sounds like it's going to work out eventually. Keep the faith!
 
#15 ·
Update...

Called today.. File still in review.. They told me things are done in order. So it seems i get placed in line with every one that applied on 10/8 instead of my original submission date of 9/16
 
#17 ·
Please keep updating us.

And, for what it's worth, I recently got myself a UPIN since I kept getting conditionals. I just bought a new gun last week and used the UPIN for the first time. It took about 3 minutes or so for it to come back approved, via instant chat, I might add.

-on Tapatalk
 
#19 · (Edited)
#20 ·
O ok I got ya.. I failed the NICS check at first.. But cleared it after I took care of the 10 year old warrant.. So Im good on the FBI system now..I should pass everything else now.. Fingers crossed
 
#23 ·
Things are looking up! :thumsup
 
#24 ·
So I have a related question. How many of the people denied a CWL are prohibited from owning a firearm? They may not know they are prohibited if they did a private transfer, maybe a gift from a relative or inherited. Like the OP I am sure he did not know he was prohibited till they ran the check. Or is the criteria for purchase different from CWL approval?
 
#27 ·
If privately , your right you wouldn't have a clue. Unless you know you have been arrested or institutionalized for any mental issues. Then it's obvious the individual is. Guidelines and ore qualification standards are listed on the Florida agriculture site. In my case I had no clue until I applied. Luckily I cleared it up.


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#25 ·
:dunno :popcorn
 
#26 ·
Florida law requires most agencies to issue or deny the license within 90 days of receiving a completed application. Generally speaking, this standard applies to just about every license the State of Florida issues, though I do not know if it applies to CCW, specifically. State agencies that issue licenses which require a background check have a SOP of putting licenses into an "Incomplete" status, to stop the 90-day clock as they wait for the criminal records checks to return from the FBI. State agencies are very sensitive to this deadline because once they get the completed application and the 90-day clock starts, failure to deny for cause within the 90 days means that the license is by law "deemed approved".

On that last point, I learned this lesson the hard way when I worked for the State of Florida 25 years ago. Negligent work by a clerk resulted in my Division issuing an occupational license to a dude who had a 2nd Degree Murder conviction 35 years prior. The applicant had truthfully answered the question on his application, and should have been put into an "Incomplete" status until he completed a waiver process. This particular type of license was issued on an "acceptable moral character" basis (as opposed to a "good moral character" basis), and given the circumstances - passage of years since the conviction, time served, and subsequent clean living, I believe this dude would have easily received the waiver, but the state doesn't like to default on these things. We discovered the issue almost by accident when I fired the employee for other reasons, and found a cache of hundreds of unprocessed applications in her office, including the aforementioned. My Division Director nearly had a coronary when I delivered the news to him, because this sort of thing could have easily hit the newspapers.
 
#29 ·
call em. cant hurt
 
#30 ·
Agreed. One of the guys that works in the DOA/CCW HQ Office is a FFL on the side, and sells on the local gun forums up here. He's all for getting them issued in a timely fashion when the situation is "go". IMHO, it's pretty cool that the folks in that division are for the most part very pro-2nd Amendment.
 
#32 ·
Florida Carry and the NRA met with DOACS this week about these issues. End result... The process for denials based on incomplete or inconclusive data is changing at DOACS now. The burden to prove that you are a prohibited person is on the licensing division, not on the applicant or overcome. Once an inconclusive problem is found, a new 90 day clock starts. The division may ask you to sign a release so that it can get records from other states. You can still submit proof to speed up the process. If the record is still inconclusive 90 days after a problem is found, the license shall issue.

However, if FDLE issues the denial based on NICS, you will still have to go through the federal process outlined here: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
 
#34 ·
Florida Carry and the NRA met with DOACS this week about these issues. End result... The process for denials based on incomplete or inconclusive data is changing at DOACS now. The burden to prove that you are a prohibited person is on the licensing division, not on the applicant or overcome. Once an inconclusive problem is found, a new 90 day clock starts. The division may ask you to sign a release so that it can get records from other states. You can still submit proof to speed up the process. If the record is still inconclusive 90 days after a problem is found, the license shall issue.

However, if FDLE issues the denial based on NICS, you will still have to go through the federal process outlined here: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
Great work!

Did you happen to discuss their incorrect, unlawful, 'interpretation' of the live fire requirement?
 
#33 ·


I love it when a plan comes together!

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