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Old October 7, 2010, 06:33 PM   #1
jhernar-15
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I got a Non-approval yet i have a CWP???

so 2 days ago i went to a local gun shop ( in tampa, FL )to buy my first firearm and got a non-approval. im really irritated because my record is completely clean, i have never been in trouble at all not once! and i currently hold a CWP so i been cleared to carry. i have had multiple background checks for different resons and never a problem, i even hold a commercial pilots lic. so this really bothers me. i do have a VERY common name and i was told by the gun shop that was the reason but it doesnt make sense when i have a CWP i should be able to walk out with it and not have to even do the waiting period.i went to my local sherriffs office and got finger printed and sent in a non-approval claim form or whatever you call it. has this ever happened to anyone?? and if so how did you go about it ? thanks.
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Old October 7, 2010, 06:38 PM   #2
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It's never happened to me, but I've seen it happen plenty of times.

Relax, and file the appeal.

One thing it frequently turned out to be was an old case of some sort that had no disposition in the system.
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Old October 7, 2010, 07:05 PM   #3
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thanks Tamara! im trying to stay relaxed becuase i have nothing to worry about when it comes to the background but its that same reason im irritated becuase i shouldnt have a hold up .. but im going to wait to hear from whoever it is that takes care of that, hopefully soon! do you by any chance know how long this process usually takes?
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Old October 7, 2010, 07:33 PM   #4
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FDLE Is BAD about this, No joke
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Old October 7, 2010, 07:48 PM   #5
jhernar-15
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oh great!!
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Old October 8, 2010, 06:09 AM   #6
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I could be wrong... but this is the big problem with Florida

going to a longer time between renewals of CWP... 7 years?

Here in S.C. it's every 4 years and our permit bypasses the call to the government.

I presume your problem was just a delay and you will be back in a day or two to pick up the gun?
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Old October 8, 2010, 07:02 AM   #7
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How might this affect your ability to make a private purchase/transfer between you and another legal Floridian, or the use of the dreaded gun show loophole?
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Old October 8, 2010, 01:55 PM   #8
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i was thinking the same thing, because i could legally have my dad purchase it for me as a gift !! so this is complete bs!!
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Old October 9, 2010, 06:27 AM   #9
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Did you include your social security number on the 4473 form?

usually that will solve the problem....

If you are going to be a firearm enthusiast you need to go ahead and figure out how to fix this problem not how to 'get around it.'
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Old October 9, 2010, 06:38 AM   #10
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It happened to me for years, I filed plenty of appeals in my years, then got a UPIN, the way the system works even if you include your SS#, is if 3 variables match a person of interest, then you get denied. I for one have an extremely common Latino first and last name, lived in Miami, FL(alot of latinos), born in a city and state that has an extremely high latino community, and an extremely high crime rate, so some one out there with my name is not a good citizen and was born were I was born makes my life miserable to include getting stopped for a couple of hours everytime I come home from abroad. Get the UPIN if it continues to happen, its not as fast as a regular BC, but only by 15-20 minutes as of lately. The FDLE sucks, they need to fix the system and have either the Dept of agriculture run BC's or the FDLE do CWL licensing, cause thats where the problem is its two different depts. doing the CWL and BC instead of one.
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Last edited by Any .45; October 9, 2010 at 06:43 AM.
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Old October 9, 2010, 07:30 AM   #11
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Quote:
i could legally have my dad purchase it for me as a gift
A true gift is a gift, but I think "have my dad purchase it for me" is too close to a classic straw purchase, especially on the tail end of your denial.

All I was asking is whether a gun shop denial precludes you from other types of legal purchases. Since I don't live in FLA I have no clue. If you had a denial, and know that you are legit to purchase....you might inquire as to your states laws regarding private transfers, while you file whatever appeal is needed to clear up that governmental snafu once and for all.

You may have some rights in FLA worth reading up on.
A straw purchase isn't going to be one of them.
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Last edited by alloy; October 9, 2010 at 07:45 AM. Reason: straw purchase clarity.
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Old October 9, 2010, 07:40 AM   #12
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A private sale would be legal between legal participants. Having said that, I would process the appeal and write my congress critters with a long complaint. They are who instituted the NICS system

Last edited by JimPage; October 9, 2010 at 07:56 AM.
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Old October 9, 2010, 07:45 PM   #13
jhernar-15
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i called the FDLE yesterday and the gentlemen said that its probably a case where someone with the same name is wanted so as soon as they get my finger prints and compare them and verify they will send a letter so that i can pick up my firearm. he said the turnaround time right now is about 10 days. so we'll see how long it really takes...
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Old January 1, 2011, 04:36 PM   #14
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UPDATE

so its been over 2 months now and guess what!! i still dont have my gun. everytime i call all the FDLE tells me is they are working on it and cant give me any more info. well here is the kicker about a week and a half ago i got the app to request a upin and already got it when is sup. to take up to 180 day.... WTH is going on ??? the letter said basically im clean which i already knew but i still havent heard anything new from the FDLE . how is this possible? i was going to go to the gun shop so that they can call now with my upin but they are close now i have to wait till monday...FML . does this make any sense? does anybody know if now that i have my upin it should be as easy as the gun shop calling the FDLE and getting it worked out or what? its driving me nutts!!!!!!
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Old January 1, 2011, 06:07 PM   #15
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Sounds to me as though someone is deliberately sitting on it. I would contact an attorney or your local state representative and have them make a call on your behalf. They can find out more info than most people realize. Someone needs a fire lit under them.
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Old January 1, 2011, 09:00 PM   #16
jhernar-15
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357 Phyton

i completely agree! i think im going to wait till monday to talk to the gun shop and FDLE and go from there. im so frustrated with all this because i have such a CLEAN record!
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Old January 1, 2011, 09:37 PM   #17
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have you gun shop owner submit new paperwork. ask him NOT to re submit the original.
if need be, "re purchase" the gun (on paper), and submit the papers.
trust me, it will work.
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Old January 1, 2011, 10:00 PM   #18
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I feel for you man! I have never had an issue but this one takes the cake. Can you go to another store and try to purchase another weapon, or is that a no-go?

*rationale being this one is tied up but its fixed if you go for another, seperate purchase?
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Old January 1, 2011, 10:24 PM   #19
jhernar-15
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thanks guys! yeah on monday im gonna go to my gun shop and see if we can redo paperwork or what we need to do cuz now there is no excuses for hold ups when i just got a letter with UPIN from the FBI and saying im clean. the problem also is that i already paid for it and the FDLE also has the serial # linked so i dk how that works.
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Old January 1, 2011, 10:38 PM   #20
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yeah you just opened up another can of worms with the fact you already paid for it

seperate issue**if it was me I would go to another, seperate place for a different order(see my other post- I just don't have much experience or knowledge on the subject though). I can understand how you're frustrated about this without a doubt.
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Old January 1, 2011, 10:52 PM   #21
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.""i went to my local sherriffs office and got finger printed and sent in a non-approval claim form or whatever you call it. has this ever happened to anyone?? and if so how did you go about it ? thanks. "" quote from purchaser

Must be something different from a NICS check.

I never heard of submitting prints to back up a NICS.
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Old January 1, 2011, 11:03 PM   #22
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Never pay for a gun before they run the Brady Check. If the store refuses, find another store. 2 months wait is bad, I agree, somebody is sitting on it. Good luck!
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Old January 1, 2011, 11:09 PM   #23
jhernar-15
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yeah believe me i wont do that again!!! the only reason why i did it is because i know im clean and have a CWP which i thought would have been as easy as pay for it call it in min later ok approved and out the door! but look where i am today !!! :/

and langenc- yeah thats how i got to this point. from what i been told is all due to my name. and damn i understand if my name was a middle eastern name or some sort of weird forein name but its not.
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Old January 1, 2011, 11:12 PM   #24
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yeah langenc it was part of his appeal, not initial process
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Old January 2, 2011, 01:04 AM   #25
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You only have a certain amount of time to appeal. Your best bet if you still haven't gotten anywhere is to cancel the transaction and buy a different gun with different serial #. I got denied on a gun once, and bought a different one 10 mins later. I, too, have a very common name.
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