I was talking to a neighbor yesterday and he gave some information that I don’t know if it is correct or not. It concerned applying and receiving a voiceless weapons permit. The conversation came up because I had mentioned that I wanted to apply for a carry permit. I’m not a gun nut or anything and quite honestly I don’t know if I would carry often if I had one. However, I would like the option to do so. My neighbor mentioned that if you have ever been even arrested on a domestic violence charge you are automatically denied a carry permit.
So, here is the problem and it is quite embarrassing for me. In 2003 I went through an incredibly nasty divorce. My ex-wife was having an affair (I was clueless) and used the scorched earth methods in announcing her intent to divorce. She wanted to move her boyfriend into our home, but the only way to do that was to get me out. Asking me to leave wasn’t going to work, so instead her strategy was to get a restraining order on me barring me from the home. To do this, she initiated one hell of an argument, that turned quite emotional on my part. I was being her to save our marriage and she was saying the most hurtful things, in retrospect trying to get me as angry as possible (this was confirmed by her Norbert many years later). A lot of yelling, but absolutely no physical threats or violence. This didn’t matter because she called the police, they came and I ended up arrested and spent a weekend in lockup. The officer told me that if they get dispatched on a domestic, someone is going to jail. Long story short, her claims were a complete fabrication, she was granted a restraining order and her boyfriend was moving in the next day (life is wonderful sometimes isn’t it?). Of course I was determined to fight the charges and clear my good name. It turned out that that want necessary as the DA refused to prosecute and dropped the charge for lack of credible evidence. Reading the police report is almost humorous, the claims she made were obviously made up and the story made no sense.
So, I was arrested, but the charges dropped. I was not convicted of anything and I always thought in this country you are innocent until proven guilty. So, am I going to be denied the privilege of a carry permit in the state of Florida because I was the victim of a vengeful ex-wife? The attest happened in another state btw. I looked online and from what I can tell one had to be convicted of a crime in order to be denied the permit, however my neighbor was adamant that the attest alone was enough to bar me from the permit. As I mentioned in the opening paragraph, this singular incident is the most embarrassing event in my life. I have always been the “straight and narrow” type. Obviously I would prefer to avoid further embarrassment by being denied a permit. If this is the case I wouldn’t waste the time applying.
I apologize for this post being so long, but I thought the detail was necessary to fully understand my inquiry. For what it’s worth, I have been divorced for about 9 years now. In that time I have been under constant threat of arrest from my ex. If I may quote “I have had you arrested before and I know how to throw your ass in jail if I want to”. We have children together, so unfortunately she will always be connected to my life. As a bonus, she uses the kids as weapons against me. You haven’t lived a nightmare until you have dealt with a vengeful ex-wife. :smack:
P.S. I apologize for any spelling or word errors. I am using Swype on my tablet and auto-correct comes up with some dooseys. I lack the time to proof read.
DISQUALIFYING CRIMES: DOMESTIC VIOLENCE
• If you have been convicted of a domestic crime of violence, you will be deemed ineligible unless you can show proof of one of the following three conditions:
a) that you have received relief from federal firearms disabilities;
b) that you have received a presidential pardon; or,
c) that a court has sealed or expunged the record.
• If you have had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence, you will be INELIGIBLE for licensure UNLESS THREE YEARS HAVE ELAPSED SINCE PROBATION OR ANY OTHER COURT-IMPOSED CONDITIONS HAVE BEEN FULFILLED (or the record has been sealed or expunged).
I am not sure what a voiceless weapons permit is, but it sounds like an auto-complete problem. You probably mean a concealed weapons permit, or concealed carry.
If you were not convicted then there should be no charge on your record. All you need to do is walk into your local gun shop and have them run a NICS check on you. This would be ran anytime you purchase a fire arm. It’s quick, maybe 15 minutes, and there should be no fee, as the FBI system does not charge for a check. The gun store might be allowed to charge a small fee for time, but it won’t be much, if anything.
Like they said, you need to be convicted of a crime. Being charged with one isn’t the same as “guilty” and the state would lose any challenge on that one.
A gun store is not allowed to use the NICS system to do a “background check”. A person must be purchasing a firearm for them to call. “Handgun or Long gun” will be the first question NICS asks the dealer (after getting the dealer code, anyway). There is no option for “just a general check”…
So if you want to go this route, you will have to attempt a purchase. Also, though the feds do not charge a NICS fee, some states run the check through a state-level intermediary. Those states, such as Florida, will charge a $5 fee for the check. And again, they can only do the check if there is a purchase involved. They cannot do it as a courtesy check. If they’re doing that, that are breaking rules and possibly the law.
As for the OP’s question. It has been answered. A conviction of domestic violence would be a deal breaker. But not an arrest. And anyway, such a conviction would prevent a person from legally possessing a firearm for any reason. It isn’t just concealed carry permits. It’s ownership or use in any manner.
Thanks everyone for the responses. It is reassuring that I received misinformation. The arrest has caused enough trouble in my life and the thought of it causing more problems was very irritating. I appreciate the information. And yes, the “voiceless” was a auto-correct mistake. That program is surely responsible for more raised blood pressure points than anything else in modern history.