Background Check
What affect does a withhold of adjudication have on your gun rights?
In Florida, judges have authority pursuant to Florida Statute § 948.01 to “withhold adjudication” of guilt, even in most felony cases, and place the offender on probation. “If the defendant successfully completes his probation, he is not a convicted person but if the probation is violated the court may then adjudicate and sentence.” United States…
Delayed or Denied a Firearm Purchase?
BACKGROUND CHECKS AND THE FIREARM PURCHASE PROGRAM The Gun Control Act of 1968, 18 U.S.C. §921-929, required regulation for the sale and delivery of firearms from a federally licensed firearms dealer (FFL) to an unlicensed buyer. In 1991, the Florida Department of Law Enforcement (FDLE) created the Firearm Purchase Program which was authorized pursuant to…
CWFL Application Suspended? Now What?
In Florida, the Florida Department of Agriculture and Consumer Services (FDACS) issues our Concealed Weapon and Firearm License (CWFL). Frequently and often based on erroneous information reported on their background check, an applicant will receive a letter from FDACS after applying for a CWFL notifying them that the processing of their application has been suspended. …
The Firearm Firm Fights to Protect Your Rights!
The Firearm Firm joins with Florida Carry to protect your rights. The attorneys at the Firearm Firm (Law Offices of Katz & Phillips, P.A.), along with the law firm of Kingry and Friday, P.A. have filed a class-action lawsuit on behalf of Florida Carry against the Florida Department of Law Enforcement (FDLE) for its ongoing violations…
Will An Old Drug Charge Keep You From Receiving a CWFL?
By James D. Phillips, Recently we received a question on the website asking, “if a 2007 drug charge would keep the questioner from getting a CWFL?” There are various types of drug charge one can be arrested for. Drug charges can range from a first degree misdemeanor punishable by up to 1 year in the…
Can You Have Both a CWFL and Medical Marijuana Card
Nikki Fried Interviewed on The Marijuana Solution A week before being sworn in as Florida’s Agriculture Commissioner, Nikki Fried, appeared on The Marijuana Solution’s podcast. In the interview Commissioner Fried stated that under Florida Law a person with a Medical Marijuana card could apply for and receive a Concealed Weapons and Firearms License (CWFL). Further,…
Charged With A Felony, But The Court Withheld Adjudication, Can I get a CWFL?
By David S. Katz Being convicted of certain crimes can result in an application for a CWFL being denied or a CWFL being revoked if one had previously been issued. The question arises, when is a person “convicted” such that their ability to obtain or retain a CWFL is negatively affected? What is a “withhold…
Medical Marijuana, Your CWFL, and Possessing Firearms
by David S. Katz ATF Letter on Medical Marijuana It is important to realize that although the State of Florida has recently passed medical marijuana legislation legalizing the use of marijuana for some people, the Federal Government still considers marijuana a controlled substance. Should you decide to use marijuana under a lawful prescription, you should…
Appealing a Denied or Delayed Background Check Response
Persons who believe they have been erroneously denied or delayed a firearm transfer based on a match to a record returned by the NICS may request an appeal of their “deny” or “delay” decision. All appeal inquiries must be submitted to the NICS Section’s Appeal Service Team (AST) in writing, either online on the FBI’s…
Firearm Background Checks – General Information.
Background checks are done by firearms dealers when transferring firearms (selling or trading). These background checks are completed through the National Instant Criminal Background Check System or NICS, prior to the transfer of a firearm from an FFL dealer to a non-dealer. When the prospective purchaser/transferee’s information is given to NICS, the system will check…
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