In 2001, the Florida 2nd District Court of Appeals dismissed someones charge in a case called STATE of Florida v. Samuel C. WATSO. The individual was charged with providing false information to the question of whether he had been convicted of a felony on a firearm background check under 790.065(12). The court ruled that the individual could not be prosecuted for a false answer to this question because the legislature did not include this question in section 790.065(1)(a) and therefore did not make a false answer to that question a crime under section 790.065(12). This problem that was addressed by this court still exists today. Felons and other people that are prohibited from possessing firearms who knowingly break the law by providing false information on firearm background checks are free to roam the streets and try to find a firearm elsewhere. If this problem were to be fixed, people who are prohibited from possessing firearms could be prevented from obtaining a firearm elsewhere and harming others after being charged under 790.065(1) (a), convicted, and sentenced to prison. STATE of Florida v. Samuel C. WATSO http://caselaw.findlaw.com/fl-district-court-of-appeal/1389416.html FL laws mentioned http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.065.html
No need to fix it, a convicted Felon is already prohibited from acquiring or possessing firearms, who cares if they lied on a 4473 form, when self incineration ( incrimination) is the real issue anyway. Besides, with the instant check, NICS, the 4473 is a legal moot point anyway. Also, even if someone lies on a 4473 form, it is not going to help them obtain a gun in a gun store anyway, it is of some help if they prosecuted for perjury.. Good luck preventing criminals from obtaining firearms from street sources.
Normally lying on an ATF form is a federal crime but we know that the feds hardly ever prosecute these crimes. The Florida court is correct in this decision.
* minor correction- the individual would be charged under 790.065(12). I just see it as a great opportunity to lock up felons who are searching for guns.
Let them lie on the lousy 4473, it is now on paper and can be used against them in Court as well as the instant check denial for being a person prohibited from owning firearms illegally trying to obtain (a) firearm(s), a felony.
I agree. There is nothing wrong with locking up felons who knowingly lie on gun background checks. An important caviat is that FL doesn't use 4473. They use background checks that go through the FL Department of Law Enforcement. That's part of the reason why FL needs new legislation in order to make background check lying a crime.
All States gun stores need to have a 4473 filled out, it is required at a FEDERAL level, that is what I was told when I applied for a manufacturers FFL, the amount of years, 7 ? is set by BATFE, Not the States, since FFLs are issued by the Federal Government. The 4473 is not part of the background check, it is a legal statement or declaration filled out by a purchaser vowing they are not prohibited from acquiring or owning firearms, 4473 forms must be maintained by all FFL holders and filled out for every sale, no exceptions.
My mistake. What I'm trying to say is that local prosecutors in FL should also be able to go after background check liers. Federal prosecutors can't do all the work. That was foolish of me.
I'm still waiting on the open carry bill to pass. Although even if it did it doesn't affect me much because for one I'm not old enough to carry here and two when I DO start carrying it'll be concealed. The only benefit I'll gain from it is I won't have to worry about the cops being called on me if my gun is showing and its the next to constitutional carry.
All FFL gun buys have to use a 4473, and that includes FL. Yes, FL doesn't use the NICS, they use the data from the NICS, with more data from state databases. https://www.fdle.state.fl.us/cms/FPP/FAQs1.aspx
Exactly, accidental flashing your gun would not be a crime, although most LEO's would simply ask if you have a permit to carry, This is what cops in New Pork City do.
LMHO I must have been stoned, drunk, possessed, or all 3 when I wrote that post. Its been many years since I have purchased a gun but I have lived in FL for several years and often read about FL and federal law. Not sure what gave me that bizarre notion moments before I posted that.
