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Discussion Starter · #21 ·
Just write to the clerk of crim. Court in that jurisdiction, ask for cert. copy as I suggested. Not available? Ask the clerk to do a certified affidavit or something official explaining the charge and disposition.

It’s not political, it’s government inertia and functionaries in action. I have a friend with a permit just refused gun purchase from similar deal. He had top secret clearance in military.

You can do your own legwork, good luck.
Wasn't asking anyone to "do my legwork". I was wanting a fair decision by State of Florida, never dreamed I wouldn't get it.
The decision wasn't fair, by any stretch. I don't know where u guys live, but MANY are saying decisions made by Dept of Ag head in Florida are wacky, esp with CC permits. She has great disdain for Gov DeSantis and is a uber progressive in a conservative administration. .
Its not critical that I have a CC permit but I'd like one.
 

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Not political?? Do u know who is heading Sept of Ag? We have a great Governor. I'll appeal to him...and my Congressman.
Doubt Virginia still has the records, it was a small time case. Though Florida found it in background check.
If it was “found;” there’s a record; otherwise, what would “they” find?

Shark 007, the guy who provided you with a detailed recommendation, is a very experienced and highly qualified attorney. I strongly suggest that you follow his advice, rather than waste your time tilting at windmills.

Contacting the Gov and Congress critter will, at best; eventually get you an email or possibly written response (depending on how you contact them, and written by a staff member), resulting in very little, if any actual help in resolving the issue.
 

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Long story short, my permit application was rejected bc of a trespassing violation in 1975, 45 years ago. It was merely I was at a house with another guy (we were dating sisters) he got rowdy and I had to extract him. True story, father wanted to make an example of us...we weren't real close. Lol.
I've had one traffic ticket since for speeding. Dept of Agricultural said nope.
I'm not going to hire a lawyer but did send a letter explaining everything.
Should I write my congressman and Gov. DeSantis? I'm a Republican and lady who runs Agricultural isn't, by along shot.
Thx for advice.
BeerHunter

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BeerHunter
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Fred Z said:
The premise in the opening paragraphs of the bill place a ridiculous burden upon the victim. How could anyone possible know the intent of some intruder who has broken into your home? If he has broken in, I have to assume the worst and that the intent is to rape/murder or otherwise cause bodily harm to me and/or my loved ones. Additionally, who in the hell is she to declare that some intruder needs my money and possessions more than me and my family do? This is one of the dumbest things I’ve read all week. She hails from up DFW way, that kind of thing might be ok with some of those people there, but the rest of Texas won’t be happy about it.
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Welcome to FCC from Palm Beach County, PaB!

I'm late to reading your thread and most of the forum today and I see you've received plenty of feedback and advice on your issue. Pay particular attention to advice from Shark1007 (retired attorney) and BrianB, not an attorney, but very savvy on firearms law.

However, now since you've now made your first post and several more to FCC without first making the customary introduction, please now take the time to post you're own Introduction Thread to FCC letting forum members get to know you a little, of course without getting too personal. You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering your questions! Also, if you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

I would be remiss if I didn't you should know that the current look of FCC is a relatively new to most of us and if you read nothing else, I highly recommend you read this thread to understand how to navigate FCC to get the most out of your experience. One particular item that's caught many veteran FCC members off guard is the "Recommended Reading" at the bottom of each page, which MAY contain quite old threads of inactive conversations lacking up-to-date information or context. So beware of the date of the last post (just to the right of the post number) in any thread you come across so you don't mistakenly think every post is recent and start responding to very old posts/threads that been dormant for quite some time, sometimes for many years.

Again, welcome to FCC and good luck! :cool:
 
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If we don't think matters like this can be political...well, they can be.
And guys 45 years?? Nothing remotely says they go back that far. Most say a few years. And I have no trouble buying guns.
Not gonna spend a few thousand on a lawyer.
Thx for all advice
It sounds like all you need is to provide DOACS with the final disposition of your case, which by all appearances, is NOT disqualifying. I suggested counsel earlier as it sounded like you were maybe too frustrated to deal with this (and I can sympathize). But, if money is an issue, it's certainly something you can do on your own.

Shark's advice seems 100% correct to me.
Get the final case disposition, and present it.
Keep in mind, charges that are initially misdemeanors can be increased to felonies come court time. I guess that's why DOACS is denying your application. They're assuming the worst case. And if the case disposition records don't exist from 45 years ago, that alone prevents them from denying your application. They would have to PROVE that you're a felon (or otherwise disqualified). But for an open record with no final disposition mentioned, they thrust that burden onto you (after the most minimal of "effort" on their part).

Good luck. Sure sounds like you're qualified and good to go.
Just need to be patient and jump through a few more hoops, and maybe have to pay another application fee?
 

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Discussion Starter · #26 ·
Thx again. I'm good with however it turns out. It's seems a shame to not be eligible for a minor transgression 45 yrs ago.
Merry Christmas to all u folks.
Pat B.
If it was “found;” there’s a record; otherwise, what would “they” find?

Shark 007, the guy who provided you with a detailed recommendation, is a very experienced and highly qualified attorney. I strongly suggest that you follow his advice, rather than waste your time tilting at windmills.

Contacting the Gov and Congress critter will, at best; eventually get you an email or possibly written response (depending on how you contact them, and written by a staff member), resulting in very little, if any actual help in resolving the issue.
I've replied to their letter to me. Gave the details and followed their instructions. They may say I'm eligible and they might not. I'll take it from there.
My main point was the 45 years from the misdemeanor.
I'm not "tilting at windmills", cute saying just not applicable to this.
It sounds like all you need is to provide DOACS with the final disposition of your case, which by all appearances, is NOT disqualifying. I suggested counsel earlier as it sounded like you were maybe too frustrated to deal with this (and I can sympathize). But, if money is an issue, it's certainly something you can do on your own.

Shark's advice seems 100% correct to me.
Get the final case disposition, and present it.
Keep in mind, charges that are initially misdemeanors can be increased to felonies come court time. I guess that's why DOACS is denying your application. They're assuming the worst case. And if the case disposition records don't exist from 45 years ago, that alone prevents them from denying your application. They would have to PROVE that you're a felon (or otherwise disqualified). But for an open record with no final disposition mentioned, they thrust that burden onto you (after the most minimal of "effort" on their part).

Good luck. Sure sounds like you're qualified and good to go.
Just need to be patient and jump through a few more hoops, and maybe have to pay another application fee?
I promise this, my charge (at 21 yrs old) is as far from a felony (closer to jaywalking) as the Presidential election didn't have fraud in it.
Thx to all.
Merry Christmas
 

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Merry Christmas as well.
On a positive note, if you truly were ineligible for CCW, you wouldn't be able to purchase a firearm either.
So, you're good. Just need to satisfy DOACS's curiosity regarding the final disposition of your case.

Now, I've got to get cleaned-up, packed, and on the road home (4 hours drive).
Would have done it yesterday but for the weather, and my time management "skills". :)
 

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It seems to me, in my humble opinion, that Florida doesn’t do any legwork or due diligence. If a nationwide criminal search turns up any hit, you get the letter you received. Then it’s up to you to do it for them.

What we’ve seen many times is the scenario you’ve been advised to seek. Send ‘em a certified copy of the legal disposition of your case, proving not a disqualifying situation and Bob’s your uncle. (Sorry, been hanging out with a Brit buddy lately, jargon wearing off on each other...can’t wait for him to go home saying “y’all 😜😇)

It’s a pain in the rump. But, unfortunately it’s Florida. While politics could certainly be in play, I don’t believe that’s the case here. We get loads of folks with “jaywaliking” type minor offenses that receive initial denial letters who end up having to do the legwork to prove differently. It’s just tge system in play.

As others have stated, if you can legally buy a firearm, AFIK, you’re qualified for a Florida license to carry. You’ve just found yourself the bonus package of a few extra steps.

You‘ll get yours. In time. Meanwhile, welcome to the forum.
 

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It seems to me, in my humble opinion, that Florida doesn’t do any legwork or due diligence. If a nationwide criminal search turns up any hit, you get the letter you received. Then it’s up to you to do it for them.

What we’ve seen many times is the scenario you’ve been advised to seek. Send ‘em a certified copy of the legal disposition of your case, proving not a disqualifying situation and Bob’s your uncle. (Sorry, been hanging out with a Brit buddy lately, jargon wearing off on each other...can’t wait for him to go home saying “y’all 😜😇)

It’s a pain in the rump. But, unfortunately it’s Florida. While politics could certainly be in play, I don’t believe that’s the case here. We get loads of folks with “jaywaliking” type minor offenses that receive initial denial letters who end up having to do the legwork to prove differently. It’s just tge system in play.

As others have stated, if you can legally buy a firearm, AFIK, you’re qualified for a Florida license to carry. You’ve just found yourself the bonus package of a few extra steps.

You‘ll get yours. In time. Meanwhile, welcome to the forum.
This, especially the 3rd paragraph. Merry Christmas!
 
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