Arrested versus convicted question.

[NukemJim]

Under Illinois new CCW law applicants will be denied if they have too many ARRESTS (not convictions) for a number of reasons (Gang activity, domestic violence).

Are there any other states where arrests are legally used to restrict rights instead of convictions?

IANAL but this does not sound right, I thought the concept was "innocent until proven guilty"

Anyone more knowledgable than I have any knowledge of this type of issue?

NukemJim

 

[kajunshooter]

FAILURE TO LIST ALL ARRESTS, DETENTIONS, AND LITIGATION MAY RESULT IN DELAY OR DENIAL OF THE PERMIT, AND OTHER CRIMINAL PENALTIES AS ALLOWED BY LAW. If you have ever been arrested, charged, detained, indicted, or summoned for any criminal offense or violation, you must answer, “Yes” to the arrest questions and submit certified true copies of the final court disposition of
the case with your application.

 This is regardless of the disposition or final outcome of the event.

Right out of the Louisiana requirements

Kajun

 

[PiratePenguin]

Although it's just lying about the arrests in the LA statute you quoted—does actually being arrested DQ you? I'm guessing they ask for the records so they can make sure you were released/acquitted.

ETA: the text of the Illinois Act is here. It looks like arrests are not an automatically mandated denial, just a flag that requires the application to be reviewed.

"If the Board does not determine by a preponderance of the evidence that the applicant poses a danger to himself or herself or others, or is a threat to public safety, then the Board shall notify the Department that the applicant is eligible for a license."

The meetings aren't open and you can't get the records through FOIA, but you can appeal if you are denied: "the aggrieved party may appeal to the Director for a hearing upon the denial, revocation, suspension, or failure to act on the application, unless the denial was made by the Concealed Carry Licensing Review Board, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial."


(Final reminder: not a lawyer. Legal advice on the internet is worth what you pay for it.)

 

[MErl]

Considering CA (and I'm sure others) will deny firearms possession for felony charges (before conviction) this does not surprise me.

An arrest with no charges seems unusual. Do that too often and people wonder if you are arresting people simply to harass them.

 

[RPRNY]

Arrests, without convictions, should have no bearing on one's 2A rights. Indeed, I oppose removal of 2A rights from anyone who has served their sentence and been deemed "safe" to return to the community.

In those States that are not Constitutional carry, the elected representatives of the people have effectively voted for additional restrictions on concealed carry of firearms. IL law has only recently evolved and It appears to reflect a "may issue" rather than "shall issue" approach, in that the law seems to allow CCW issuing authorities the right to withhold based on a history of arrests for crimes in which gun violence is prevalent. While undoubtedly an unpopular view on this forum, denying issuance of CCW permits to those with numerous gang related or domestic violence arrests does not seem unreasonable to me.

 

[dprice3844444]

you need to do a foia request on status if any questions arise sent directlly from the courts to the authority person in ccw section and yourself.directly from court system to ccw authority prevents tampering with results.keep paperwork for your files.

 

[JB357MAG]

Indiana its convictions only unless its an
arrest for an a or b felony.

Jimmy

 

[Charlie Horse]

Alabama

In Alabama, permits are issued by the County Sheriff. Until recently, when we moved from may to shall issue, it was a free for all. Sheriff A could say you had to be 21, Sheriff be said 23, you know, discretion to the point of making it extremely chaotic. With the reforms that went through this year, its much more consistent. There is some discretion "Factors to consider include long arrest histories..."

I know it will shock some, but as a LEO, I don't like the idea of asking anybody to exercise a constitutional right. The truth of the matter is that the Alabama Sheriff's Association didn't\doesn't want to part with the revenue from permits.

http://www.mobileso.com/wp-content/uploads/2013/09/RevisedPistolPermitApp9-3-13.pdf
http://www.mobileso.com/wp-content/...Permit-General-Guidelines-Revised-7-31-13.pdf

 

[kajunshooter]

Spoke to someone yesterday with a carry permit who had been arrested. Been knowing him for years and never knew he was ever arrested. He had to prove disposition of the charges by providing legal documents proving the charges were dropped. I guess that means that the arrest is a red flag but does not in itself prevent issue.

Kajun

 

[monotonous_iterancy]

So in some places merely being arrested can disqualify you? Doesn't that go against the whole "innocent until proven" guilty principle our legal system is founded on?

 

[9mmepiphany]

IANAL but this does not sound right, I thought the concept was "innocent until proven guilty"

Doesn't that go against the whole "innocent until proven" guilty principle our legal system is founded on?

That concept/principle only applies in a judicial setting...in a court of law

 

[bobinoregon]

An arrest in Oregon gets your concealed carry suspended, not sure what it takes to get it back

 

[RPRNY]

An arrest in Oregon gets your concealed carry suspended, not sure what it takes to get it back

Acquittal

 

[dsulli]

This is, l think, what the OP was referencing

(b) If an applicant has 5 or more arrests for any reason,
that have been entered into the Criminal History Records
Information (CHRI) System, within the 7 years preceding the
date of application for a license, or has 3 or more arrests
within the 7 years preceding the date of application for a
license for any combination of gang-related offenses, the
Department shall object and submit the applicant's arrest
record, the application materials, and any additional
information submitted by a law enforcement agency to the Board."

This sounds to me like someone with a history of being in the wrong place at the wrong time. I trust that LEO don't arrest innocent people for no reason. I live in Illinois and will be sending my application in on Jan. 5 - I've already taken the required class - I want to be cautious of how public opinion could be manipulated by gun hating politions and the media. Seeing an individual with a history of gang related activity, and legally carrying a concealled firearm just doesn't sound like something I want to see on the 5 o'clock news.

 

[PiratePenguin]

Note that that's not an automatic refusal, it's just a call for a more detailed examination of the applicant by the Board.

 

[opr1945]

"FAILURE TO LIST ALL ARRESTS, DETENTIONS, AND LITIGATION MAY RESULT IN DELAY OR DENIAL OF THE PERMIT, AND OTHER CRIMINAL PENALTIES AS ALLOWED BY LAW. If you have ever been arrested, charged, detained, indicted, or summoned for any criminal offense or violation, you must answer, “Yes” to the arrest questions and submit certified true copies of the final court disposition of
the case with your application. "

Detained would include traffic stops even if no citation were issued. Or if you were ever stopped, even while walking, and asked a question by an officer.

So please list all interactions with police officers since you obtained your drivers license. a failure to provide a complete list "MAY RESULT IN ... CRIMINAL PENALTIES AS ALLOWED BY LAW."


WOW!!!!!

 

[Arkansas Paul]

Not only convictions but arrests show up indefinitely on a background check, at least here in Arkansas. Now, you can have your record expunged fairly easily here, providing you meet a few qualifications and were sentenced under a statute that allows for expungement (if you weren't sentenced, only arrested its easier).

Its something to look into if you've got multiple arrests haunting you.