CCW disqualifications


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USPCompact45
July 26, 2005, 05:40 AM
CCW disqualifications
I know this varies from state to state.

There are many shall issue states and people may obtain ccw's as long as they are not disqualified.

My question is what makes an applicant disqualified?

I know that committing a felony would get you disqualified but I have heard where people have not been charged with crimes have been disqualified such as getting arrested but not charged.

Can failure to appear to jury duty get you disqualified or traffic misdemeanors?

Do you have to pass the criminal background check with flying colors?

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mete
July 26, 2005, 06:00 AM
In NY you are checked by the NY State Police and the FBI.You have to be free of convictions [ not arrests] and mental illness.

Mixlesplick
July 26, 2005, 06:08 AM
Packing.org (http://www.packing.org/) will have the requirements for a ccw license state by state. This is a good place to start. :)

USPCompact45
July 26, 2005, 06:19 AM
I have checked packing.org and they did not give personal examples. Most states said they do a criminal background check but doesn't really say what causes a disqualification.

rdbrowning
July 26, 2005, 06:21 AM
Here is where you can see Michigan's list of requirements and disqualifications. Some are more obvious ( being subject to a personal protective order) and others are less obvious (dishonerable discharge from the military, displaying sexually explicit material to minors, retail fraud or DWI twice).

http://michigan.gov/documents/ri-012_7736_7.pdf

Hawk
July 26, 2005, 06:30 AM
Texas disquals can be found here. (http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm) Check the FAQ.

In addition to the expected items, Texas has delinquency on child support, taxes or student loans listed as disqualifications.

USPCompact45
July 26, 2005, 06:36 AM
Very detailed, I'm amazed.

Does anyone have specifics to Nevada and Arizona? Thanks

rms/pa
July 26, 2005, 06:45 AM
not NV or AZ but one of the disqualifications in PA is being a "common drunk" ???

it is not a disqualifier for owning firearms but it is one for a firearms permit.

rms/pa

USPCompact45
July 26, 2005, 06:49 AM
Ahh..

Firethorn
July 26, 2005, 10:10 AM
I would've thought that a dishonorable discharge would be obvious. After all, getting a DD requires, effectivly, a felony level conviction in a court martial. There is no other way to get one.

dolanp
July 26, 2005, 11:25 AM
Federal law prohibits someone who's been dishonorably discharged from even possessing a firearm.

RevDisk
July 26, 2005, 12:58 PM
My question is what makes an applicant disqualified?

PA has "interesting" disqualifications. "An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety." is my second favorite disqualification. "Habitual drunkard" is my absolute favorite. I asked the Sheriff to kindly explain to me what one was. He replied that he wasn't really sure, but a diagnosed alcoholic would probably count.

Felons, drug addicts, mental institution types, illegal aliens and fugitives are also forbidden.

Snake Eyes
July 26, 2005, 01:04 PM
In AZ, one of the things that will not only get your CCW revoked, but also make you a prohibited posessor is being the subject of ANY restraining order OR domestic violence complaint.

I have a real problem with punishment before conviction. Tread lightly in your divorce proceedings!
"Habitual drunkard"
I guess that precludes me moving to PA!

Khaotic
July 26, 2005, 02:47 PM
I would've thought that a dishonorable discharge would be obvious. After all, getting a DD requires, effectivly, a felony level conviction in a court martial. There is no other way to get one.

Umm, not necessarily so, or rather, in more detail, the UCMJ gives an amazing amount of leeway to folks in your chain of command to arbitrarily stick it to you.

I've seen DD458's for "Extreme Negligence" which amounted to not getting something clean enough, and other really ridiculous things which, if sufficient folk in your chain of command hate you - can indeed be carried forth into an OTH, BCD or even DD in extreme cases.

Often the victim of such has done nothing more than simply be handy and expendable when a sadistic NCO wanted to 'make an example' of someone.

The most common DD458 charge that results in a DD is "willfully disobeying the lawful order of a commissioned officer" and that covers a LOT of ground, especially if the order is of debateable legality, or if the NCO in question chooses to flatly lie about what the order was. *(see note)

I dodged that bullet myself, but watched more than one good soldier take it up the pipe for no other reason than an NCO with a personal grudge.

-K

*Note: A common retaliatory tactic concerning sexual harrassment of female troops is the good ole "willful disobediance" threat, the UCMJ doesn't have as much defendant-protection as civvie codes, and if a NCO orders a female troop to commit a sexual act, etc etc... it can indeed result in such a fiasco, and often female troops in such circumstance will accept the DD as part of a "deal" that gives them the only safe, secure way out of the military without suffering "a training accident" - all the blame is then put on the troop, out they go, no need for an investigation of the NCO staff, yadda yadda...

RevDisk
July 26, 2005, 02:52 PM
I would've thought that a dishonorable discharge would be obvious. After all, getting a DD requires, effectivly, a felony level conviction in a court martial. There is no other way to get one.

Heh, I had three folks in my chain of command try to charge me with the crime of "witchcraft". Illegal as all hell, of course. But if it hadn't been for my Major decending like the wrath of Kali on them, I'd have probably gotten nailed to the wall.

I've seen plenty of "examples" made. Some ended up with a DD. Most just got an "other than honourable." Meat thrown to the wolves.

MarkDido
July 26, 2005, 05:44 PM
I have checked packing.org and they did not give personal examples. Most states said they do a criminal background check but doesn't really say what causes a disqualification.

www.packing.org has links to states official web sites concerning CCW. Most of them link to the state statutes.

sumpnz
July 26, 2005, 06:21 PM
AFIAK the only things that will disqualify one for a CCW in AZ is being a prohibbited possessor (felon, DV, involuntary commitment to a mental hospital). Failing the exams (written and shooting) can cause you to not get the permit, but I don't know of any limitation on the number of times you can re-take the course in order to bring your scores up to passing.

WvaBill
July 26, 2005, 06:28 PM
IIRC, any lawful gunowner in WV can be a CHL holder if above 21. Don't even need the gun. :evil:

logical
July 26, 2005, 11:48 PM
Just tell us what you did and we'll tell you what we think. :evil:

Byron Quick
July 27, 2005, 12:20 AM
I'm not too sure what the non-felony disqualifications here in Georgia are.

I'm sure that misdemeanour domestic violence is on the list.

I've got a better handle on what's not a disqualification.:D

Many, many speeding tickets are not a disqualification. I don't know about reckless driving, DUI, etc.

First offense charge of carry a pistol without a license is a misdemeanour. It's not a disqualification. By chance, my permit was on the probate judge's desk to be mailed when I was arrested for concealed carry. The probate judge held my permit and gave it to me on the day the charge was dropped.

Sam
July 27, 2005, 12:26 AM
For that Dishonorable Discharge you must be convicted by a properly convened Court Martial, period. There is no other way.
The worst that can be adjudged in an admin action is a UOTHC which still goes through the same administrative review process as a punitive discharge. It does not disqualify you from owning or posessing firearms.

Sam

Firethorn
July 27, 2005, 12:03 PM
Khaotic, what military were you a member of? In mine, you cannot receive a Dishonorable Discharge without the court martial. Period.

The worst you can receive in a special court martial(IE your commander), is a bad conduct. While not good, it's not as bad as a DD. It takes a full general court martial to give a troop a DD. Generally only done when they really, really want to hang the person out to dry.

As for the sexual conduct stuff, well, it's called an illegal order for a reason, and I haven't seen any reason to believe that severe action wouldn't be quickly be taken if any female reported that stuff.(Art's Granma considered)

RevDisk, hmm... When where you in? I've known at least three wiccans in the service... Quite open about it too. In anything resembling the modern military, you could be an avowed satanist, and still be fine(as long as you don't break any rules because of it).

Military Discharge, I'd have prefered a .mil site (http://en.wikipedia.org/wiki/Military_discharge)

Khaotic
July 27, 2005, 02:34 PM
what military were you a member of? In mine, you cannot receive a ishonorable Discharge without the court martial. Period.

US Army, details not forthcoming.

I pointed that out, or thought I did - but that does not in any way prevent them from holding the courtmartial over something pathetic and ridiculous, by NO means does it.

Our unit's first run-in with the UCMJ was the kid in 1st platoon who got a summary Article-15 for LEAVING A WINDOW OPEN.
Mostly cause the Sarge wanted to 'make an example' at the time, and he was handy, convenient, and expendable.

The worst you can receive in a special court martial(IE your commander), is a bad conduct. While not good, it's not as bad as a DD. It takes a full general court martial to give a troop a DD. Generally only done when they really, really want to hang the person out to dry.

Or when the person in question knows the charges are bogus, and tries to actively defend themself.
Think, if the Sarge and the CO have it in for a troop, just how hard is it to cook up a bogus SCM, which they control the procedure of, they control the evidence submitted to, etc etc.

In some cases, the troop, knowing how bogus the charges are and not realizing just how far down a hole they've been dropped by the hilariously-named UCMJ, has it kicked up to the full thing in an attempt to escape a corrupted venue, a mock trial held and controlled by the very people that brought the bogus charges.

Unfortunately, most of the troops that do so have no idea of the level of butt-covering that occurs past the rank of E-5.
That's why there's JAG and CID... who's motto oughta be "Wellph.. it's too late to do anything NOW...."
(Right, Revdisk? lucky you...)

And this does happen, and it does happen for really stupid reasons, up to and including office politics and eliminating other officers in your own chain of command to clear your own path for promotion.

As for the sexual conduct stuff, well, it's called an illegal order for a reason, and I haven't seen any reason to believe that severe action wouldn't be quickly be taken if any female reported that stuff.

Now? maybe... then ? BWAHAHAHAHAHAHAHAHAHAHAHA... Riiiiight.
Depends on your unit too, I guess, nothing short of outright murder in front of civvie witnesses would have gotten OUR command staff in trouble, *nothing*.

In anything resembling the modern military, you could be an avowed satanist, and still be fine

Whatever you're smoking, pass left willya ?
Regardless of what POLICY is, the reality of service is often a little different, when your Sarge suggests, actively encourages, and then turns a blind eye to an after-dark assault because of your beliefs, that reality sets in.
By pure luck I got the drop on those three morons and they were too scared after that to do anything, but I've NOT forgotten that incident, by no means.

Our unit chaplain wanted my head on a plate at any opportunity and wasn't at all shy about letting that be known.
Of course, he also felt I maybe didn't belong there because of my allergies.

I'm allergic to intolerance, dogma, and bovine excretement.

-K

RevDisk
July 27, 2005, 02:44 PM
As for the sexual conduct stuff, well, it's called an illegal order for a reason, and I haven't seen any reason to believe that severe action wouldn't be quickly be taken if any female reported that stuff.(Art's Granma considered)

Erm. Ok.

Sometimes the situation is resolved by the bad guy slips in the shower when the chain of command doesn't satisfactory address the situation. Happens. Tragic, really. Perhaps more safety briefings would fix the situation?


RevDisk, hmm... When where you in? I've known at least three wiccans in the service... Quite open about it too. In anything resembling the modern military, you could be an avowed satanist, and still be fine(as long as you don't break any rules because of it).

Still am. I get out in December, Gods willing. And yea, charges were not pressed. The folks in question didn't know that I worked with the Old Man for over four years previously. Dude, we heard him screaming from outside the building in the smoking area. The situation was resolved to everyone's satisfaction so nothing more became of it.


That's why there's JAG and CID... who's motto oughta be "Wellph.. it's too late to do anything NOW...."
(Right, Revdisk? lucky you...)

Hey! Gorram it! How the heck was *I* supposed to know AFN Europe was airing that incident live! I was busy fighting an entire squad of MP's!

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