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Old September 4, 2012, 03:35 PM   #1
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First handgun purchase in florida - Conditional

Hey guys - I ordered a handgun from Grabagun - and it came into my local FFL on Saturday. I was kind of worried about the background check since Ive got something in my past that isnt awesome - but no violent crimes, theft, or domestic violence or anything. I received a 'conditional'. I had no idea what that meant, but he said it could just be that they are really busy.

As for my 'past' I got a DUI about 10 years ago - which was completely my fault - I completed everything and got it taken care of immediately. I got arrested for a felony (non-violent) that eventually the prosecution dropped the case because of lack of evidence about 8 years ago. Basically a neighbor chick who I would kind of 'see' occasionally assaulted me with a baseball bat at a party, and actually hit me a couple of times. I ran to my apartment where my phone was and called the police and told them that my crazy drunk neighbor attacked me - and I had witnesses to the whole ordeal. I went down to greet the cops and they arrested me. I guess she called the cops too, when she realized I was going to call them. She told them that I 'touched her kid inappropriately' which was a complete lie.. I even had 10 witnesses that said I never left the party, and this kid in question wasn't anywhere near me all night. I guess all it takes is a hot chick crying, and a story about a kid. Afterwords a 'repeat violence' restraining order was put against me, so I couldn't even go back to my apartment because it was within 100 yards or something. Anyway, that got thrown out because the kid wouldn't lie for his mom. I checked my records long before buying the gun - and that Felony is stated to be nolo prosequi - but I cant get it expunged because of the DUI conviction a couple years before it. It turns out that chick had done the same thing to 2 other guys, and was evicted from many apartments for being psycho. Anyway, I have been in zero trouble other than a single traffic ticket in the last 8 years, am married now, and have a child of my own.

Does anyone think that arrest will prevent me from getting my handgun? *also* I did not put my SSN in the form - and my name is pretty common, and I know there are some criminals with my name but dont match my description.. I didnt realize that would be an issue too.

Last edited by JimmyJohns; September 4, 2012 at 03:43 PM.
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Old September 4, 2012, 03:43 PM   #2
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Man, I hate to say this,,,
But there's only one way to find out.

Fill out the 4473, call it in, and wait for the results.


Caje: The coward dies a thousand times, the brave only once.
Kirby: That's about all it takes, ain't it?
Combat: "A Silent Cry"
Aarond is good,,, Aarond is wise,,, Always trust Aarond! (most of the time)
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Old September 4, 2012, 03:47 PM   #3
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Ive already filled that form out - and got a result of 'conditional'. According to the list of reasons why I would be denied - I do not meet any. I have never been convicted of a felony or DV, no multiple DUIs, etc.
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Old September 4, 2012, 03:49 PM   #4
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Not a lawyer and not a fan of Holiday Inns, but an arrest is not a conviction. Federally speaking, the DUI should not be an issue - your state law may differ.

Like aaron said, fill it out and see what happens. It is likely that you will be "delayed" for further research, denials usually come back right away.

Good luck
"The best diplomat I know is a fully charged phaser bank" - Montgomery Scott
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Old September 4, 2012, 03:56 PM   #5
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Ook.. The FFL said that they would call on Friday morning (after 3 days had passed) to check with the FDLE or FBI or whoever - and if there is no more info regarding my 'conditional' or delay, I will take my gun home.

I have no felony conviction at all, and no multiple DUIs over the last 5 years (or even a single DUI)

cross your fingers.. Im a pretty responsible adult, but like most people - I made some mistakes when I was younger... but nothing that hurt anyone other than myself.
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Old September 4, 2012, 04:38 PM   #6
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Jimmy - based on all the information here, especially that there are multiple bad guys with the same name, if it were me I'd have included my SSN on the 4473. If there is any bad news that would result, IMO you don't want that to happen later on instead of now. If there is a hiccup, you might be able to talk to an attorney to get it cleared up.

Unfortunately, you can't even get a FL drivers license anymore without giving them your SSN. Identity theft doesn't seem to be the greater of the potential problems in this case.
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Old September 4, 2012, 06:38 PM   #7
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Well, I did give them my middle name, and its a little unusual - and the only crooks I saw with my name were not my age/build/race. Anyway, wish me luck. Im sweating waiting for friday. haha. I got to hold the gun and everything, then I gotta leave the gun. boo!

Thanks folks.
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Old September 4, 2012, 09:22 PM   #8
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I checked my records long before buying the gun - and that Felony is stated to be nolo prosequi - but I cant get it expunged because of the DUI conviction a couple years before it.
A Nolle Prosequi doesn't go down in your record as a conviction, so that shouldn't be a bar. Nor should the DUI, unless some aspect of it was charged out as a felony. Most likely, you will be delayed because there are some red flags on your record that need further review.
Sometimes it’s nice not to destroy the world for a change.
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Old September 5, 2012, 07:46 AM   #9
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Okay - the FFL said to call then come by Friday and I should be able to pick my gun up after the 3 full working days have gone by.. Looking forward to it. I got a new Walther PPQ in 9mm after shooting one at the range. Cant wait!
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Old September 6, 2012, 02:48 PM   #10
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Florida is Shall Issue. Get a permit. In the first place, you get to go through the checks before you buy (again). In the second, having that little number instead of your SSN feels like it makes the process go a whole lot faster and easier. And from what I understand, you go through the checks up to the point you get your permit, then they can look up that check, and only have to check since then. If I'm off, I'm off, but it makes me feel better to believe that when I'm sitting there several hundred dollars poorer, waiting for someone on the phone to say yes or no.
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Old September 7, 2012, 03:02 PM   #11
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FDLE called the FFL yesterday and approved me. I got to pick up my PPQ today. Thanks guys!
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Old September 7, 2012, 03:53 PM   #12
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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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Old September 10, 2012, 08:08 PM   #13
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soc security #, ATF forms...

I've always added my Soc Security # to the ATF/background check forms just to be sure I'm not confused with another person or there is a big mix-up.
I have no criminal records or problems and most gun shop/pawn store trips are easy-peezy, lemon-squeezy, .

ps; the only minor gripe I've ever had is gun shop staff who ask for all names, addresses etc be spelled out. No abbreviations. That may jam up a background check.
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