florida quick check fee

sewerman · February 26, 2010, 01:52 PM

Am i wrong to think this way .......

why am i charged with he quick check when i purchase or transfer a weapon, when florida state law states that CCL holders are exempt from this check/fee.

the law states exempt not at dealer discretion.

not having to pay the fee & receiving the handgun without the wait period are two of the advantages of this license.

i have yet to have any pawn or gun shop or vendor at a gun show waive this fee.

is this just another way of making a profit for them.........

sewerman

ScottRiqui · February 26, 2010, 02:04 PM

You said that the law exempts you from both the check itself and the associated fee. Are the stores/vendors not doing the check and charging you for it anyway, or are they doing the check and charging you the associated fee?

EDIT - I found the statute that exempts you from the check and fee, but I don't see how the sellers can use it as a profit-maker, since all fees collected are supposed to be forwarded to the Florida Department of Law Enforcement.

45Gunner · February 26, 2010, 02:20 PM

It must a CYA thing. If the gun ends up in the wrong hands, the dealer has his out saying he did the check.

There is a FFL I have used for the last 10 or 15 guns I have taken ownership of. I am personally known at the store/range by every employee at the store including the owner. Yet, I still get checked each and every transfer. I'd much rather pay the fee and get on my way instead of having to haggle about it and maybe create some bad will. The owner has been personally involved in at least 1/2 of the transfers. She will not waive the call nor the fee.

Glenn Dee · February 26, 2010, 05:24 PM

It's my understnding that Every transfer, purchase, gift, and even return of a consignment. The recipent MUST pass a back-ground (NICS or FDLE) check. The FFL must pay for each check and recieves an invoice from FDLE. These invoices must be kept, and be available for comparison against the BATFE forms also on record at the FFL place of business. The BATFE sends inspectors to every FFL to check on their paper work, and if their books are in order. That every gun is accounted for, and every gun in the store is on the books.

So If I'm understanding you correctly... Everyone must pass the check...

Some dealers may include the price of the NICS in the price of the gun... My favorite dealer will often quote a price "out the door" but she still must pay for the check.

In Florida... depending on the county there may be a waiting period. Broward is 5 working days. This a county ordinance... The FFL has no choice. If you have a valid Florida CCW the waiting period is waived.

ScottRiqui · February 26, 2010, 07:59 PM

According to the Florida statutes, sewerman is right - the fee and the check should be waived for someone that holds a valid concealed-carry permit.

Maybe the sellers have no way of checking the validity of the buyer's concealed-carry permit, so doing the criminal check and charging the buyer is just a CYA move, as suggested earlier in the thread.

Glenn Dee · February 27, 2010, 06:36 AM

Scott?

I'm going to do some research of my own. I'm not sure that your correct. I have purchased firearms in a few Florida counties and always had to get a background check. Two of the stores are owned by really close friends. Based on that friendship... They may try to not charge me the fee for the check... but the FFL gets a bill from the FDLE for every check performed. So waiving the fee is like gifting to someone $5.00. I'm also sure that the BATFE compares the invoice from FDLE to the sales records, and the BATFE form has a place to record the FDLE approval #.

Even if the State of Florida has a provision to waive the background check, and fee. I believe that it's mandated by federal law. An FDLE check is the same as a NICS check.

The BATFE requires that any firearm transfer from the FFL records to an indvidual, that individual must undergo a background check. FDLE/NICS

Glenn Dee · February 27, 2010, 06:46 AM

If you read the entire statute including the notes... Sections of it automatically expire upon the making of a federal law that supercedes the Florida statute.

ScottRiqui · February 27, 2010, 09:07 AM

Good call - I had missed the footnote where 790.065 was superseded by Federal law once the NCIS background check system was up and running. That answers the OP's question.

TailGator · February 27, 2010, 11:53 AM

My understanding and my experiences with recent gun purchases correspond with the postings by the inestimable Mr. Dee.

February 26, 2010, 01:52 PM	#1
sewerman Senior Member Join Date: December 30, 2005 Location: hurricane alley, florida Posts: 304	florida quick check fee Am i wrong to think this way ....... why am i charged with he quick check when i purchase or transfer a weapon, when florida state law states that CCL holders are exempt from this check/fee. the law states exempt not at dealer discretion. not having to pay the fee & receiving the handgun without the wait period are two of the advantages of this license. i have yet to have any pawn or gun shop or vendor at a gun show waive this fee. is this just another way of making a profit for them......... sewerman __________________ "When the government fears the people, there is liberty. When the people fear the government there is tyranny!" Thomas Jefferson "They that can give up an essential liberty to obtain a little temporary safety, deserve neither liberty nor safety!" Benjamin franklin The Armed Citizen PREVENTS tyranny!

February 26, 2010, 02:04 PM	#2
ScottRiqui Senior Member Join Date: January 27, 2010 Location: Norfolk, VA Posts: 2,905	You said that the law exempts you from both the check itself and the associated fee. Are the stores/vendors not doing the check and charging you for it anyway, or are they doing the check and charging you the associated fee? EDIT - I found the statute that exempts you from the check and fee, but I don't see how the sellers can use it as a profit-maker, since all fees collected are supposed to be forwarded to the Florida Department of Law Enforcement. Last edited by ScottRiqui; February 26, 2010 at 02:14 PM.

February 26, 2010, 02:20 PM	#3
45Gunner Senior Member Join Date: August 8, 2009 Location: Boca Raton, FL Posts: 1,902	It must a CYA thing. If the gun ends up in the wrong hands, the dealer has his out saying he did the check. There is a FFL I have used for the last 10 or 15 guns I have taken ownership of. I am personally known at the store/range by every employee at the store including the owner. Yet, I still get checked each and every transfer. I'd much rather pay the fee and get on my way instead of having to haggle about it and maybe create some bad will. The owner has been personally involved in at least 1/2 of the transfers. She will not waive the call nor the fee. __________________ 45Gunner May the Schwartz Be With You. NRA Instructor NRA Life Member

February 26, 2010, 05:24 PM	#4
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	It's my understnding that Every transfer, purchase, gift, and even return of a consignment. The recipent MUST pass a back-ground (NICS or FDLE) check. The FFL must pay for each check and recieves an invoice from FDLE. These invoices must be kept, and be available for comparison against the BATFE forms also on record at the FFL place of business. The BATFE sends inspectors to every FFL to check on their paper work, and if their books are in order. That every gun is accounted for, and every gun in the store is on the books. So If I'm understanding you correctly... Everyone must pass the check... Some dealers may include the price of the NICS in the price of the gun... My favorite dealer will often quote a price "out the door" but she still must pay for the check. In Florida... depending on the county there may be a waiting period. Broward is 5 working days. This a county ordinance... The FFL has no choice. If you have a valid Florida CCW the waiting period is waived.

February 26, 2010, 07:59 PM	#5
ScottRiqui Senior Member Join Date: January 27, 2010 Location: Norfolk, VA Posts: 2,905	According to the Florida statutes, sewerman is right - the fee and the check should be waived for someone that holds a valid concealed-carry permit. Maybe the sellers have no way of checking the validity of the buyer's concealed-carry permit, so doing the criminal check and charging the buyer is just a CYA move, as suggested earlier in the thread.

February 27, 2010, 06:36 AM	#6
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	Scott? I'm going to do some research of my own. I'm not sure that your correct. I have purchased firearms in a few Florida counties and always had to get a background check. Two of the stores are owned by really close friends. Based on that friendship... They may try to not charge me the fee for the check... but the FFL gets a bill from the FDLE for every check performed. So waiving the fee is like gifting to someone $5.00. I'm also sure that the BATFE compares the invoice from FDLE to the sales records, and the BATFE form has a place to record the FDLE approval #. Even if the State of Florida has a provision to waive the background check, and fee. I believe that it's mandated by federal law. An FDLE check is the same as a NICS check. The BATFE requires that any firearm transfer from the FFL records to an indvidual, that individual must undergo a background check. FDLE/NICS

February 27, 2010, 06:46 AM	#7
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	If you read the entire statute including the notes... Sections of it automatically expire upon the making of a federal law that supercedes the Florida statute.

February 27, 2010, 09:07 AM	#8
ScottRiqui Senior Member Join Date: January 27, 2010 Location: Norfolk, VA Posts: 2,905	Good call - I had missed the footnote where 790.065 was superseded by Federal law once the NCIS background check system was up and running. That answers the OP's question.

February 27, 2010, 11:53 AM	#9
TailGator Senior Member Join Date: May 8, 2009 Location: Florida Posts: 3,787	My understanding and my experiences with recent gun purchases correspond with the postings by the inestimable Mr. Dee.