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SecularMotion

(7,981 posts)
Mon Jul 9, 2012, 12:30 PM Jul 2012

Florida not checking national mental health records for gun carry permits

Another gap has surfaced in how Florida screens applicants for gun carry permits: The state agency responsible can't access a federal database containing 1.6 million records of people nationwide with mental illness, the Sun Sentinel found.

Because it is not a law enforcement agency, the Department of Agriculture and Consumer Services cannot obtain information from the FBI's National Instant Criminal Background Check System, known as "NICS", when considering whether to grant a concealed weapon license.

In addition to certain mental health records, the index has other potentially disqualifying information gathered nationwide, such as data on illegal immigrants, drug addicts, military personnel who have been dishonorably discharged, and people who have renounced U.S. citizenship.

Last month, the Sun Sentinel reported that Florida wasn't completing background checks for gun carry permits on those applicants whose fingerprint card submissions repeatedly were illegible.

http://www.wptv.com/dpp/news/state/florida-not-checking-national-mental-health-records-for-gun-carry-permits#ixzz208xwkB00


26 replies = new reply since forum marked as read
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Florida not checking national mental health records for gun carry permits (Original Post) SecularMotion Jul 2012 OP
another gap, gejohnston Jul 2012 #1
Is the state of Florida incompetent or lazy? Remmah2 Jul 2012 #2
These are the types of gaps... discntnt_irny_srcsm Jul 2012 #3
To be fair to both sides of the argument ... spin Jul 2012 #5
Florida could... discntnt_irny_srcsm Jul 2012 #10
Sounds like a fair solution to me but ... spin Jul 2012 #12
Department of Agriculture and Consumer Services issues concealed carry permits? Starboard Tack Jul 2012 #4
From the Florida Department of Agriculture and Comsumer Services home page ... spin Jul 2012 #6
could be because Tallahassee gejohnston Jul 2012 #9
You may be cynical but you just might be right. (n/t) spin Jul 2012 #13
Department of Agriculture and Consumer Services gejohnston Jul 2012 #7
What a fascinating world we live in. nt. Starboard Tack Jul 2012 #16
In Florida you'd be crazy NOT to apply for a gun carry permit,,,,,,,,,, benld74 Jul 2012 #8
on the other hand... discntnt_irny_srcsm Jul 2012 #11
Carrying a firearm involves even more responsibility than simply just owning one. ... spin Jul 2012 #14
Good post and I have to agree with you Meiko Jul 2012 #20
Mental heath is indeed a very serious issue ... spin Jul 2012 #22
I wonder what state Department should handle the Thirteenth Amendment Permits.... PavePusher Jul 2012 #15
so then, proof that Cops are NOT using the toys already provided yet they have the nerve Tuesday Afternoon Jul 2012 #17
There are way too many "gaps" in the process, some we don't even know about yet. Hoyt Jul 2012 #18
Here's the money shot SecularMotion Jul 2012 #19
Which means *you* don't know about them, either. One of those "unknown unknowns", one supposes... friendly_iconoclast Jul 2012 #21
But the FFL has to check when the person buys a gun. krispos42 Jul 2012 #23
FFL/NICS discntnt_irny_srcsm Jul 2012 #24
Google dump time rl6214 Jul 2012 #25
Thanks for the kick SecularMotion Jul 2012 #26
 

Remmah2

(3,291 posts)
2. Is the state of Florida incompetent or lazy?
Mon Jul 9, 2012, 12:54 PM
Jul 2012
Because it is not a law enforcement agency, the Department of Agriculture and Consumer Services cannot obtain information from the FBI's National Instant Criminal Background Check System, known as "NICS", when considering whether to grant a concealed weapon license.


Every FFL has access to NICS.

By an act of legislation the state could reassign the responsibilities of processing CCW's to a LEO agency. Alternatly they could declare the state dept of agriculture a LEO agency and then get their NICS checks. Hire a FFL to work in the department. Captain Obvious must be in charge down there.

discntnt_irny_srcsm

(18,481 posts)
3. These are the types of gaps...
Mon Jul 9, 2012, 01:37 PM
Jul 2012

...with which states need help to closing. However, I point out that Florida FFLs are required to contact the Florida Dept of Law Enforcement which does participate in the NICS for firearm purchases as a Point of Contact checking both state and the FBI NCIC databases. Therefore, one may be incorrectly able to obtain a carry permit but not a handgun.

spin

(17,493 posts)
5. To be fair to both sides of the argument ...
Mon Jul 9, 2012, 01:55 PM
Jul 2012

and while I totally support Florida's concealed carry law I will point out that it is relatively unusual as the permit issued is called a Concealed Weapons Permit and allows the bearer to carry other weapons such as stun guns, knives, and billy clubs in a concealed fashion.

discntnt_irny_srcsm

(18,481 posts)
10. Florida could...
Mon Jul 9, 2012, 02:27 PM
Jul 2012

...simply require Dept of A&CS to have the Dept of LE approve all licenses it intends to issue. LE could then process the NICS check and report to A&CS license approval or rejection.

spin

(17,493 posts)
12. Sounds like a fair solution to me but ...
Mon Jul 9, 2012, 03:01 PM
Jul 2012

since Florida tries to process most licenses in 90 days this might slow up the process.

Processing Time For Applications

Once the Division of Licensing has your complete application, it will take about 90 days for the Division to process it and notify you of the outcome. Processing may take longer than 90 days if additional information regarding criminal records must be obtained.
http://licgweb.doacs.state.fl.us/weapons/process.html


Of course it could be argued that the delay the time for issuing the license would be offset by the benefits.

Starboard Tack

(11,181 posts)
4. Department of Agriculture and Consumer Services issues concealed carry permits?
Mon Jul 9, 2012, 01:54 PM
Jul 2012

Say no more.
I think we've reached the point where further discussion is merely an exercise in futility. I think it's time for McDonalds to enter the game and start giving away Glocks with their Happy Meals.

spin

(17,493 posts)
6. From the Florida Department of Agriculture and Comsumer Services home page ...
Mon Jul 9, 2012, 02:08 PM
Jul 2012

Division Overview

It is the responsibility of the Division to protect the public from unethical business practices on the part of persons providing private security, private investigative and recovery services to the public through licensure and regulation of those industries pursuant to Chapter 493, Florida Statutes.

In addition, the Division is responsible for the issuance of Concealed Weapon or Firearm Licenses in accordance with Section 790.06, Florida Statutes.
http://licgweb.doacs.state.fl.us/duties/overview.html


If you wish you can views chapters 493 and 790.06 at this links:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0493/0493ContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%20493

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%20790

You can also view statistics on the licenses they have issued at:
http://licgweb.doacs.state.fl.us/stats/Number_of_Licensees_By_Type.pdf

I will agree that this department of the Florida government doesn't seem to have a lot to do with agriculture in the state.

gejohnston

(17,502 posts)
9. could be because Tallahassee
Mon Jul 9, 2012, 02:26 PM
Jul 2012

cares more turning more farms and ranches into golf courses and strip malls, or I could just be feeling cynical this afternoon.

gejohnston

(17,502 posts)
7. Department of Agriculture and Consumer Services
Mon Jul 9, 2012, 02:24 PM
Jul 2012
http://licgweb.doacs.state.fl.us/
is also responsible for licencing private investigators, repo agents, and private security guards. The latter has two types of licenses, armed and unarmed. In my area, I recommend the unarmed route. Classes are cheaper and the jobs are better paying. (with the local nuclear power plant being the only exception.) Yeah, mall cops and campus security are better paid than Brinks truck drivers.

spin

(17,493 posts)
14. Carrying a firearm involves even more responsibility than simply just owning one. ...
Mon Jul 9, 2012, 03:34 PM
Jul 2012

It also should be pointed our that not everyone should own a firearm.

If you suffer from anger management problems, abuse alcohol or drugs, suffer from depression or another serious mental condition or live in a volatile relationship with a significant other than it would be wisest to avoid owing a firearm, let alone legally carrying one.

Also the violent crime rate in our nation has returned to levels last seen in the late 60s. Therefore there is only a slim but not nonexistent chance that you might ever have to use a firearm for legitimate self defense either in your home or on the street.

I personally own firearms and have a Florida Concealed Weapons permit but I fully realize the dangers that firearms pose. In fact a close member of my family who I had personally trained in firearm safety and target shooting committed suicide with a handgun.

I often try my best to discourage a person who shows an interest in owning a firearm from buying one. They are extremely dangerous items in the hands of a person who may act in an irresponsible manner. However the firearm itself is an inanimate object and it will not suddenly decide to kill someone. The person who holds a firearm decides how it will be used.

 

Meiko

(1,076 posts)
20. Good post and I have to agree with you
Mon Jul 9, 2012, 08:48 PM
Jul 2012

The mental health issue is the real stickler here. If memory serves the only way any mental health information would be input into the NICS database would be if you were committed to a facility. If you are just seeing a mental health professional none of that information is accessible by the government for the purpose of gun purchases.

I don't know the hard numbers but I am willing to bet that there are a bunch, maybe thousands of gun owners who have been treated for the problems you listed in your post.This information is of course confidential and nobody would ever know you are currently under treatment or have been treated for anger control issues,depression or even drug abuse. Although it is a huge disconnect there is no way Americans will allow an investigation of their medical records prior to purchasing a gun, I am not sure it's even legal to do it. As it stands now you have to wait until someone commits a crime before you find out that they shouldn't really own a gun. I don't know the solution to this one.

spin

(17,493 posts)
22. Mental heath is indeed a very serious issue ...
Mon Jul 9, 2012, 10:41 PM
Jul 2012

and often because of our currently poor healthcare system many people are unable financially to seek help for conditions such as depression and some may not realize that they suffer from this disorder. Also our society has a stigma against seeking help when and if you seek assistance for many mental problems.

An individual might be entirely sane and in good mental health when he/she purchases a firearm, however ten or twenty years later he/she might suffer from depression or another similar mental problem. This can sometimes lead to suicide or extremely rarely in the lashing out against society that results in a mass murder.

It is probably impossible to eliminate such tragedies as long as our nation allows civilians to own firearms. However allowing civilians to own and even carry firearms does save lives when the owners find themselves under attack from an individual who has the intention and capacity to seriously injure or to kill.

I know of four instances where this occurred and no shots were fired. Of course this is anecdotal evidence and would not be accepted by those who oppose gun ownership.

One of these individuals that I mentioned later committed suicide with the same weapon she defended herself with. At the time she was legally intoxicated and apparently suffering from a bout of depression. Twenty one years passed between the time that she used her firearm for self defense and when she chose to end her life with it. During that period of time she married and had two children and always tried to help others and accomplished a lot of good as she turned some lives around and many she helped appreciate her efforts. Unfortunately depression was common in her family as both her mother and her great grandmother were institutionalized for this disorder. She had had previously had obtained help from a psychiatrist as she was also a victim of a child molester. Had she had the financial ability or if our nation had an world class healthcare system she might have continued treatment but the cost of such care eliminated that possibility.

Firearms are indeed dangerous. Allowing civilian ownership of such weapons will lead to some tragedies. While we can attempt to eliminate most of such incidents we will never be able to stop all such occurrences.

My personal opinion is that allowing honest citizens to own firearms saves far more lives than it costs.









 

PavePusher

(15,374 posts)
15. I wonder what state Department should handle the Thirteenth Amendment Permits....
Mon Jul 9, 2012, 04:07 PM
Jul 2012

Yeah, probably the Dept. of Agriculture....

Tuesday Afternoon

(56,912 posts)
17. so then, proof that Cops are NOT using the toys already provided yet they have the nerve
Mon Jul 9, 2012, 07:20 PM
Jul 2012

to ask for new and better equipment?

http://www.democraticunderground.com/117249221

reminds me of children and their toys

 

Hoyt

(54,770 posts)
18. There are way too many "gaps" in the process, some we don't even know about yet.
Mon Jul 9, 2012, 07:25 PM
Jul 2012

Last edited Mon Jul 9, 2012, 10:20 PM - Edit history (1)

 

SecularMotion

(7,981 posts)
19. Here's the money shot
Mon Jul 9, 2012, 07:36 PM
Jul 2012
The background screening gap is particularly significant because Florida is a go-to place nationwide for gun carry permits that then are valid in other states through so-called reciprocity agreements.

Florida has 952,000 active concealed weapon licenses. Nearly 12 percent are held by out-of-state residents, according to the Agriculture Department.


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