3 Weeks Waiting In Florida

[Spanky]

So, I'm a new guy.  I am really plain vanilla, older (a lot), ZERO in my background (not even a traffic ticket), WITH a current CCW for Florida.  It's been 3 weeks now for a background check to buy a mini. Has any body else come up against this?  I'm getting worried that my ID has been hacked.

[ikoiko]

Last time I used your name, my file came up clean . . . . Of course that was several years and multiple felonies ago.

On a serious note, different states/counties may take different amounts of time. Give them a call.

[billmeek]

It shouldn't take that long:

http://www.fdle.state.fl.us/FPP/FAQs3.aspx

 

[Ruger]

Wow.  Great website.

[Basslessaccusations]

Hey Spanky, I'm in SW Florida. I have had my CCW since 1995 when I moved here but I have never taken more than 30 minutes having a background check. Have you talked to the gun shop since they first did the check? Somethings sounds amiss. I would look into this if I were you.

[Bigbird48]

I can't remember exactly but back when I had to do background checks if it didn't come back in 3 days they had to give you the gun. A background check for buying a gun shouldn't take more then a 5 min phone call. Now that I have a CCW I no longer need a background check when buying a gun

[Uncle_Lee]

Welcome spanky,
I agree with the rest, something is not right.
Go back and check.
Maybe Florida has set an upper age limit on buying a gun.

[top dog]

Spanky,
First WELCOME!!  As you can see,there are a great "variety" of "characters" (including me) here.

Hope all goes well with the paperwork issue and you get your mini soon.

What mini are you getting?  Trust me on this,you get one,pretty soon you will have more.

Watch out for those Burmese Pythons there. If one does get you,will the mini to me,I will take care of it.

                                                                                                         Top Dog

[Ruger]

First off . . . . WELCOME Spanky! to the firing line.  We need to hear your opinions, stories, trial and tribulation, and, of course, see your pictures!  So stick around and enjoy the action.

Second . . .

. . . . . . . . Now that I have a CCW I no longer need a background check when buying a gun

Here in Ohio, one does not need a background check if you have a CCW issued in the last ~4 years.  I still have to put up with the background check with each purchase since my CCW was issued before the line in the sand was drawn with the last updated law.  My renewal (every 5 years) is due in October, after which I will not need a background check for purchasing.  Makes me feel like I get to step up with the Big Kids.  I have my CCW, my TSA Pre-Check, and my Nexus Card (Boarder Security).  Each requires $ every so often.  No wonder the government will not combine the efforts; what, and loose an opportunity to tax the citizen again?

[RICKS PLACE]

Not knowing anything re Fla. law, this makes no sense at all.    I assume you don't have a carry license??  The store where you bought the gun should be coming up with some explanation if it's the feds, state, the store itself, or just what is holding up you purchase. This just don't sound right.   Let us know, I have never heard of this. 

[Spanky]

I call every other day and get the same answer, "working on it".  I've asked if the request was misplaced. They are just a help desk, they don't have a clue.

@billmeek---Great link, thanks. I was able to write an email to "someone".

It's just a little gun.....22MN-HG. Doubt if I will need another. Have a KT P380, just wanted something a bit smaller.

Thanks for the concern.

[mrmurl]

I work part time in a gun store here in Missouri.  If the Feds do not get back to us in three days we can at our own disgretion transfer the firearm.  We have the right to deny a transfer if we do not feel good about it.  From what you said it seems to me that there should be some splainin to do over this.  Either sell you the pistol or give you an explanation of why you are not transferring the firearm.  Usually we do not have to wait more then a day before we know if we can transfer.

[Canoeal]

I work part time in a gun store here in Missouri.  If the Feds do not get back to us in three days we can at our own disgretion transfer the firearm.  We have the right to deny a transfer if we do not feel good about it.  From what you said it seems to me that there should be some splainin to do over this.  Either sell you the pistol or give you an explanation of why you are not transferring the firearm.  Usually we do not have to wait more then a day before we know if we can transfer.

Yeah, three days was standard in the '70s when I was in that business in Philadelphia. Never had them say no.

[Warthog]

Hmm, they are only supposed to make you wait for 3 days if the Feds don't get back right away.  Then you can go and get the gun even if the Feds have not replied, at least that's how it is supposed to work.  3 weeks is not the right way for this sort of problem.

Also, WITH A permit it isn't supposed to be more than a day, in FL as I remember things at least.

[Uncle_Lee]

In the past 8 years I have bought a number(I don't post numbers) of hand guns in Indiana and have never waited more than 10 minutes for the OK.

[Bigbird48]

Spanky have you paid for the gun, like actually bought it. If so go to the dealer and tell him you want the gun or your money back and go someplace else and buy it.

What is the waiting period for a handgun in Florida?
1. A "day" for purposes of s. 790.0655(1)(a), F.S., which mandates a 3-day waiting period for purchase of a handgun, is 24 hours. Thus, 72 hours must elapse between the purchase and the delivery at retail of any handgun, exclusive of weekends and legal holidays.

[ikoiko]

If the person you are calling is a dealer, I’d find another one. Is the dealer trying to locate the firearm? As far as the “help desk” who are they representing? Things just don’t sound right.

[redhawk4]

In UT if you have a CWP there really is no background check in the normal sense, they just call a number to confirm your CWP has not been revoked and are given a verification code they write on the paperwork. The last few guns I've bought they have got the green light within 2 minutes of making the call, it's all done while they are on the phone, there are no waitings or call backs involved. During some very busy times they are on hold for a while waiting to speak to someone, but once they are through, it just depends how fast they can type your permit # in the computer and see it's still good.

How can it take 3 weeks to get a "yes or no"?

[RogueTS1]

I believe that after the last shooting in the High school the State passed a law that eliminated the time limit on background check. Use to be something like after 3 days if noting came back negative the store could turn the gun over to the buyer. I believe the new law states that until one comes back approved the store cannot turn over the gun.

I have heard/seen that those with common surnames such as Smith or Jones and that do not put the SSN on the paperwork can and have been running into problems where somebody with the same surname has a record and then some bureaucrat has to figure out which Smith is trying to buy said firearm. We all know how quickly and well the bureaucrats in our governments work. 

[Bigbird48]

On Friday, in a dramatic turnaround in one of the most gun-friendly states in America, Gov. Rick Scott signed into law an array of gun limits that included raising the minimum age to purchase a firearm to 21 and extending the waiting period to three days. It was the most aggressive action on gun control taken in the state in decades and the first time Mr. Scott, who had an A-plus rating from the National Rifle Association, had broken so significantly from the group.

Opps wait a sec theres another provision thats says or until a background check is completed which ever is longest dam

[RogueTS1]

Well if it is three days, then you should be down at the shop picking up your firearm.

[linux_author]

dealer is jerking someone's chain - doesn't pass the smell test

willie
on the Gulf of Mexico

[grayelky]

First, Welcome!!!

Federal law allows the transfer of a firearm, if no resolution has been provided within 3 business days. It is the sole discretion of the business owner to proceed with the transfer, or defer until the Federal check provides a resolution. The 3 days do not count the day of the inquiry, nor does it include weekends or national holidays. I read over the link provided by another poster, but it seems FL state law could be more restrictive than Federal law. In my shop, 3 days should be plenty of time to determine if the person has background issues. I will do the transfer, generally speaking. There have been one or two times I have kept them delayed until I got clearance from the Feds.

Why would the dealer hold up the transfer? The seller, not having taken possession of the firearm can still demand a refund, so it seems only logical the dealer will do what he can, which is very limited, to expedite the transfer.

[Canoeal]

Maybe he no longer has the gun???

[top dog]

Spanky,
I would go with the suggestion to get your money back and go to a different dealer.

I may make a guess and think that he placed an order and could not get one and put you on "hold" for the permit process to clear while he tries to locate one for you.

Just my thoughts.

                                                                           Top Dog

[RICKS PLACE]

Agree 100% with Top Dog.

[boots]

I do not live in FL but my daughter, my son-in-law,and their oldest son. all have their CCW and have walked out of the LGS with their purchase. Get your money back and go somewhere you see the gun in stock.

[Doc Holliday]

First off . . . . WELCOME Spanky! to the firing line.  We need to hear your opinions, stories, trial and tribulation, and, of course, see your pictures!  So stick around and enjoy the action.

Second . . .

. . . . . . . . Now that I have a CCW I no longer need a background check when buying a gun

Here in Ohio, one does not need a background check if you have a CCW issued in the last ~4 years.  I still have to put up with the background check with each purchase since my CCW was issued before the line in the sand was drawn with the last updated law.  My renewal (every 5 years) is due in October, after which I will not need a background check for purchasing.  Makes me feel like I get to step up with the Big Kids.  I have my CCW, my TSA Pre-Check, and my Nexus Card (Boarder Security).  Each requires $ every so often.  No wonder the government will not combine the efforts; what, and loose an opportunity to tax the citizen again?

I am retired Deputy Sheriff in Ohio (36 years), and have a current CCW. Still have to have a background check but it takes only 15 or 20 minutes even when shop is very busy. It is possible that OP was randomly flagged, but even then it does not mean they won't be approved..just may take a bit. Some flags are due to "excessive" purchase of firearms and ammo in a short period of time.
It sucks..but thats BATF for you! Just bureaucracy in action!
Doc Holliday 

[Spanky]

Sad to say I went on-line and I am using an FFL guy.  The FFL has the gun. 

Florida has changed the 3 day waiting to "whenever we clear you".  I asked to escalate, or who do I escalate to and was told that there is no way to do that.

Thanks for taking the time to post.   

[Canoeal]

I smell a scam...I have family in Milton, and Crestview FL; neither of them had to wait.

[Spanky]

New waiting time is Gov Scott's reaction to recent school shootings.  I asked the question specifically when I called FDLE and that was the answer. The agent that I talked to did indicate that my demographics (name and birth date) got a hit but wouldn't be specific. Requests have been sent and I have to wait until they come back.

Gives me concern that my name is out there and circumstances cause FL to look into it!!  I've never been arrested or charged with ANYTHING in my live.....but they don't know that. I can't help but wonder how else my name is being used or abused.

[billmeek]

Florida has changed the 3 day waiting to "whenever we clear you".

Did the FFL tell you that or was it the state?  I'd contact the Florida Department of Law Enforcement Headquarters in Tallahassee at (850) 410-7000 to verify that information if you havn't already.

[Spanky]

Florida State FDLE in Tallahassee stated that.

[RogueTS1]

TOLD Y'ALL SO ...................... but y'all did not believe me. 

Just break down and use your SSN when filling out your paperwork and this BS can be avoided.

[smokeless joe]

So, I'm a new guy.  I am really plain vanilla, older (a lot), ZERO in my background (not even a traffic ticket), WITH a current CCW for Florida.  It's been 3 weeks now for a background check to buy a mini. Has any body else come up against this?  I'm getting worried that my ID has been hacked.

That's insane. Something isn't right.

Hey Spanky, I'm in SW Florida. I have had my CCW since 1995 when I moved here but I have never taken more than 30 minutes having a background check. Have you talked to the gun shop since they first did the check? Somethings sounds amiss. I would look into this if I were you.

I too am in SW Florida and since 1994 30 minutes is about the norm for a check. It takes me longer to pick out my next gun than it does for the background check.