CCW Denied


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protopistolero
November 8, 2008, 06:06 PM
Solid citizen, all of my owned firearms have been purchased by me personally through the NCIS process. I live in a shall-issue state. My recent CCW permit application was denied, and while I am certain that this will be resolved in my favor through my state's administrative process I am concerned about the disposition of my firearms in the interim. I'd be most comfortable simply voluntarily surrendering them while this is being sorted out, but it occurs to me that I could be creating an even bigger problem for myself by doing so. I'd be interested in hearing some opinions on the best course of action here.

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skidmark
November 8, 2008, 06:22 PM
It would help greatly if you posted 1) where you are, and 2) what reason(s) was given for the denial.

PM me to arrange for storage of all your guns - only cost to you is shipping and transfer fees. :D

stay safe.

skidmark

stevemis
November 8, 2008, 06:22 PM
I'd say you need to find an attorney, fast. If you can reply with your state, I'm sure others will be able to recommend someone.

Personally, I would find a friend (preferably already who owns guns) and ask them to store your firearms until this is worked out. If you turn them into the police, you'll either have a hard time getting them out or will be rather upset in the condition in which they are returned.

Frog48
November 8, 2008, 06:22 PM
I'd be most comfortable simply voluntarily surrendering them while this is being sorted out

To whom? Why would you voluntarily allow your guns to be tossed around with disregard and/or rust away in an evidence locker? When you get them back, they'll be trashed.

novaDAK
November 8, 2008, 06:33 PM
Skidmark brought up what I was going to say. As long as your state doesn't require any FFLs or other paperwork to transfer guns within the state, just give them to a trusted family member or friend to hold onto them until the issue is resolved.

56FordGuy
November 8, 2008, 06:35 PM
I'm confused. How does being denied a CCW permit affect your right to own firearms? If you legally acquired them before applying for a CCW, why does being denied a CCW mean you can no longer posses them?

ilbob
November 8, 2008, 06:39 PM
As long as you can legally own the firearms, I don't see that the denial of a CC permit is really an issue with having them or not.

You did not mention what state or why they denied you so it is really hard to say much more than that.

Most shall issue states the CC permit requirements are a little more stringent than the requirements to merely possess firearms. You could well be OK to own firearms, but not legally able to have CC permit.

Jim K
November 8, 2008, 06:40 PM
What does owning guns have to do with a concealed carry permit? They are two separate issues and denial of a CCW permit does not affect your possession or ownership of firearms in any way unless you have been found to be a felon, which seems not to be the case.

There are many states where CCW permits are effectively not issued to "ordinary" people; that does not affect firearms possession or ownership, only the "privilege" of carrying a gun on the person.

Jim

FlyinBryan
November 8, 2008, 06:46 PM
rediculous logic.

(or total lack of)

ants
November 8, 2008, 07:16 PM
Welcome to the Forum, protopistolero. Interesting first post.

I think there is much you aren't telling us.

Mainsail
November 8, 2008, 07:35 PM
1. Make a few friends.
2. Help one or more of them move.
3. Ask one of them to hold your guns for you.

If it's really necessary.

Kindrox
November 10, 2008, 02:57 PM
If I was writing a recipie for a) having your guns trashed, and b) having to hire a lawyer to get them back, and c) the process dragging out for a year or so, I'd say go ahead and turn them in.

Or just use your head, pursue your rights.

mbt2001
November 10, 2008, 03:04 PM
Get an attorney, it may be something stupid like warrants for unpaid tickets 20 years ago... OR, as happened to me, a guy with my name born on the 15th (I was on the 14th) had a felony... anyway the cops came wanting to talk to me, my lawyer talked with them, problem solved.

Could be something simple... Maybe not, but hopefully.

Don't give up your guns, that is ridiculous. You bought them legally, own them legally. If the state wants to come take them from you, they will have to show CLEAR and CONVINCING EVIDENCE... Don't worry about it.

GrendelPrime
November 10, 2008, 03:09 PM
To echo the responses above, a CCW is only a permit to carry your weapon concealed, in no way does its denial affect your right to have firearms, you simply can't legally tuck one in your pants for a trip to Wal-martŪ. :neener:

CalebJns
November 10, 2008, 03:10 PM
I am with previous posters here...what is the big deal of keeping your firearms you currently own? Why turn them in, for some sergeant to take home...I mean "misplace" when/if you were able to get them back. Again, a lot depends on your state, in Alabama, I can walk into the local sheriffs office and walk out 5 min later with my CC permit...curious to hear "the rest of the story".

Kentak
November 10, 2008, 03:11 PM
How about more information? What state? What does your state say are the requirements for CCW permit? When was the last time you bought a gun that required a Brady check?

Why the heck would you have to voluntarily turn in your guns?

K

mljdeckard
November 10, 2008, 03:24 PM
I'm with Kentak, why would you consider turning them in, and to whom?

MT GUNNY
November 10, 2008, 03:28 PM
Why would you even think you should turn them in?

Frank Ettin
November 10, 2008, 04:20 PM
Some information is missing here.

[1] protopistolero hasn't told us why his CCW was denied (in a shall-issue state).

[2] He apparently is worried that the denial may affect his ownership of the guns he currently has.

[3] We don't know what state he lives in, but in general, I can think of only a few reasons why a CCW might be denied in a shall issue state: a defect in the paperwork; the check he wrote for the application fee bounced; he's under age; there's some problem about his training (if required); or he flunked the background check.

[4] Of those reasons, only the last, flunking the background check, could affect his continued possession of his guns. If the background report showed that he was a felon or had been convicted of domestic violence or is otherwise disqualified from having a gun, his continued possession of his current guns would also be an issue.

[5] In any case, he needs a lawyer and needs to get this squared away, if possible.

[6] And since the OP hasn't been back to fill in the missing information, we don't have the whole story.

Blacksmoke
November 10, 2008, 04:57 PM
There is something about the OP that reminds me of a large hairy critter that lives under bridges or put another way, why do I have this feeling someone is not being entirely truthful?

protopistolero
November 11, 2008, 03:31 AM
Why would you even think you should turn them in?

The requirements for legal possession and concealed carry are the same in a shall-issue state. The CCW denial has been traced to a clerical error in another jurisdiction I once lived in and will need to wind its way through two bureaucracies before it's resolved. In the interim, if I am technically not eligible for a CCW permit the same would be true of my right to possess firearms. That's just the way it is in the here and now. Is it likely to become an issue? No. Could someone decide to go out of their way to make it an issue? Yes, and in this uncertain climate I simply have no interest in putting myself in a position where there's even a small chance that I might end up having to fight a much larger battle, even with the certain knowledge that I would prevail in the end. Guns are a hobby for me, and simply transferring my firearms and being without them for the month or two it will take to sort this thing out is an annoying, but ultimately small price to pay to avoid any possibility of controversy going forward.

Thanks to those who took the time to add thoughtful replies to the discussion.

Sinixstar
November 11, 2008, 04:04 AM
The thing i'm confused about - is if the requirements are the same, how did you end up being able to buy them in the first place?

KD5NRH
November 11, 2008, 04:11 AM
Pawn them for $5 and make sure you keep the renewals up to date. Pawnbrokers take much better care of your stuff than police departments.

ultra45
November 11, 2008, 09:09 AM
Do you live in NYC or a simular city? Can you at least give us the State you live in? In states like NY, you need a permit to own a handgun, even if its just to keep in your home. In other states, you only require a permit or CCW to conceal carry, owning is no problem. So, we have to ask again...WHERE ARE YOU?

onebigelf
November 11, 2008, 09:29 AM
I'd echo the, "make friends with your local pawn&gun". Every one I know of has a huge gun safe in the back for pawned guns. I'm friends with one here who holds mine for me on the two occasions I've had to travel for an extended period. I leave my wife's pistol and the shotty at home, but Lloyd locks everything else up for me in his safe, in their boxes or zippered soft cases.

John

turnyourback
November 11, 2008, 09:29 AM
well the OP obviously doesn't live in NYC as s/he said s/he lives in a shall-issue state, which new york is not.

Harleystooge
November 11, 2008, 10:28 AM
Pawnshops are NOT always nice to pawned weapons. I've seen them tossed into drawers, and carelessly leaned against unstable objects, and personally have retrieved a damaged grip on an otherwise pristine Snubnose.

Frank Ettin
November 11, 2008, 10:30 AM
...The CCW denial has been traced to a clerical error in another jurisdiction I once lived in and will need to wind its way through two bureaucracies before it's resolved. In the interim, if I am technically not eligible for a CCW permit the same would be true of my right to possess firearms....
Then you need a good local lawyer who understands gun issues.

You have a real and serous legal problem that needs to be handled properly. If it is handled properly it will probably be worked out easily. If it is not, it will become a giant hairball. So you need qualified legal counsel -- not a bunch of anonymous opinions from a bunch of guys on an Internet gun forum.

None of us here are qualified to give you worthwhile advice on a serious, real world legal problem in which your interests and property are actually at stake. None of us here will be around to help sort things out if something goes awry.

So get yourself a good lawyer and don't waste your time on internet blather. And remember, what you write here is not confidential (the way communications with a lawyer would be).

Good luck.

Mainsail
November 11, 2008, 11:22 AM
If for some odd reason my CPL wasn't renewed or was pulled, it would only mean that I couldn't carry concealed. This wouldn't impact me all that much. I carry a Sig 1911 or P239 every day, but carry it concealed only about 10% of the time.

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