CC permit question

Status
Not open for further replies.
I

isor

Member
Joined
Apr 30, 2009
Messages
3
ok i am new to this forum so for starters hello everyone.

i was raised in east tennessee and have always owned guns and been an avid target shooter/plinker. i have several guns for sd/hd and would like to start CC. i have a 6 mo. old daughter and crime in my area is a bit out of control. some of my friends have had cars broken into and been mugged on the street. i want to get my CC permit but i have some questions....

i have no criminal record but i do have some dismissed charges. they werent for anything violent or drug related. one was for underage drinking from when i was 18 or 19 and the other was for driving on a suspended license (i didnt know it was suspended because it was from a traffic camera and the ticket never got sent out, so because my license was wrongfully suspended the charges were dropped and my license renewed).

both of these charges have been DISMISSED but i recently found out that dismissed does not mean expunged. so what i need to know is can dismissed charges be held against you when applying for CC permit.
 
Hi, and welcome, thanks for being responsible enough to take charge of your own safety.

The questionaire askes if you have been CONVICTED of any of the following crimes......., not if you were arrested. A cop can arrest pretty much anyone he wants to. A DA can indict a ham sandwich. That doesn't mean you will be convicted of the crime.

As someone suggested, talk to an attorney. It will probably cost you a consultation and a billable hour or two, but then you will know exactly what your situation is. Also, go to the department of justice's website, and run a check on yourself. I recommend making sure because I've seen MANY experiences where either the police told a suspect something about their status that wasn't true, or the suspect was either unwilling or unable to REALLY understand what they were being told. You need to know for sure.
 
You'll be fine. I had a charge on my record from my youth that never impeded my CC permit, nor has it denied a purchase or transfer, ever. Your state might be different, but I would think you can proceed without hesitation.
 
if you werent denied in buying a rifle you should be fine at getting a cc but depends where you live if you live in a "shall Issue "state you should be able to get a CC license with ease but if you live in a "may issue"state its up to the sheriff to decide.
 
i have not had any trouble purchasing firearms. i live in tennesee which is definitely one of the less strict states. we still have a decent amount of freedom in terms of self protection. im just concerned with them denying me and i cant find much info as to whether there are appeals or not. i think i will contact a lawyer. that sounds like sure bet..
 
Last edited:
... if you live in a "shall Issue "state you should be able to get a CC license with ease but if you live in a "may issue"state its up to the sheriff to decide.
Click to expand...
Not to worry, TN is a "shall issue" state. As for those criminal charges, if they were dismissed, they didn't happen. :)
 
"Shall issue" means that the state's law is written in a way that says (basically) that any applicant who fits the minimum criteria WILL be issued a permit. It is not up to the applicant to PROVE that they are some arbitrary definition of 'worthy' to hold a carry permit. "The applicant is of the correct age, doesn't have a criminal record, has completed the minimum training requirements, has passed a background check. Give him the permit." By my most recent count, 40 of 50 states in America are now "Shall issue".

In a "MAY issue" state, the state or county has a process they use to decide if a person meets their definition of having a reasonable need to carry or not. Basically it goes to a committee to decide whether or not you are allowed to exercise your rights. 20 years ago, most states used this basis. You had to show that you were in fear for your life for a specific reason, you have a job with inherent risk, or you move property such as jewels on a regular basis. If THEY THINK you have a need, they will issue a permit. California and New York are examples of "May issue" states. We don't like this (WE REALLY, REALLY DON'T LIKE THIS) because people like Robert DeNiro and Dianne Feinstein get permits, the rest of us can't. They are big important people with real fears and enemies. We are just little people who should shut up and listen to our betters. I'm being a little bit sarcastic, there are members here in CA and NY with permits who aren't celebrities, but they have to go through a ridiculous process, and it isn't available to everyone who wants or needs a permit.
 
You should be fine. I myself am in a similar situation as yourself and I got my permit in the mail about a week ago.
 
i have a charge for a prohibited weapon (a knife that was in my car was a half inch too long) this was dismissed just as isor's charges were, do you think that having a dismissed charge that involves a weapon could be a problem? im taking my class next month and was about to apply... i never really thought about this before. now its got me all freaked out....
 
I know that some states ask if you have ever been "charged" with certain crimes like domestic abuse but you should be ok. I think.
 
I guess the short and sweet (cheap) way to do it is to purchase a gun from an FFL, answer all questions honestly, and see what happens.

In other words, approach the problem head-on.

If denied, you will probably not be told why, but then you can start the appeal process to find out why and what you can do about it.

A friend of mine got denied because there was no record of a disposition on a previous dismissed misdeameanor, had his lawyer write to the Court involved, obtained an official disposition from that Court as "dismissed," and was good to go when he submitted this official document to his State.

No problems thereafter and he moved into the "broad sunlit uplands*" of gun ownership.

Terry, 230RN

------
*
Abstracted from Churchill's "Finest Hour" speech.
 
i just bought a new gun about a week ago from a FFL. so i guess if you can buy a gun from a FFL, then most likely you wont be denied for CCW permit?
 
mljdeckard,

Do you have a link to this service:

go to the department of justice's website, and run a check on yourself
Click to expand...

Or were you suggesting to contact someone for DOJ and have the check done? I was poking around the website and didn't see anything.
 
Fellas, what would happen if you just went and applied for a CCW permit? Is there a penalty for a disqualified person who attempts to gain a permit?

Seems to me like if they deny your permit and don't have to tell you why, we're right back into the dark ages under Henry VIII. I'd demand to know why, and keep demanding until I found out. 'Course, I live in a shall issue state...

Parker
 
I don't have a DOJ link, I was in here askintg a similar question on behalf of my brother-in-law, and that's where I was referred. He said he found it. (He may have been lying, he never did get a gun.) The DOJ is the entity responsible for your file.
 
I dont know how you worded your question Catspa.

I will say this.

In our state, any information you place onto a official application for CCW also places YOU under threat of prosecution, Fines, Jail and other actions should you intentionally and purporsely provide false information in order to fraudently gain a permit.

The same also applies to your gun class instructor who must also comply with HIS/HER rules ensuring that YOU, the APPLICANT for the CCW INDEED are qualified, have shot on the range (Your signed paper target is dated and kept by instructor for a very long time on record) and your Instructor will sign you either for a unrestricted permit for semis or a restricted only for revolvers or....

Even deny you the chance to apply because you demonstrated problems during his or her class time.

A criminal would not survive such a experience of being fingerprinted, run through several background checks and all of the expenses to legally carry concealed. They would prefer to buy it on a corner somewhere or steal it to use it for a crime later.

Back to the rest of your question. If you did just go to the Arkansas Police Station and applied (No CCW Class, NO CCW Instructor certification, NO fingerprints, NO evidence of proficency etc etc etc///) your application will be denied and you will be provided a nice letter specific to the reasons it was denied.

If you have committed a certian felony or domestic crime or mental problems in the legal system within a certain amount of time prior the Police may even come to get you and take you down to the station to get that unresolved problem taken care of.

It is better to embark upon a journey to follow the rules in whatever state you may be in to get a CCW.

I examined Maryland's rules for CCW and I realized that thier rules are so stringent that I would not possibly qualify easily in that state. I would probably easily pass a background check to buy a gun (And I have...) but would not be able to do much of anything with that gun in that state.
 
Right. I guess what I'm saying is, some places the laws concerning disqualification are kinda complicated. Regardless of what you or I say, or even what an applicant's attorney says, the issuing agency will be performing the check and making the decision whether to accept or deny the OP's application. So why not go straight to the source? What better way to find out than to apply, truthfully, meet the requirements, and see if it works?

If the authorities can't be bothered to bring charges against felons who attempt to buy guns from an FFL dealer and fail the background check, why would they prosecute a disqualified person who was unsure of his status and applied for a CPL? Anybody I've ever known who was denied a CPL, the sheriff's dept sent them a letter saying "on this basis, we are denying your permit and keeping the fee". Never seen anybody get prosecuted for it.

I would also think that a denied person has the right to look up the laws and see if the denial was for a valid reason, and if not, appeal it. If you're disqualified, then that's that, but I'd at least give it a shot.

Parker
 
Last edited:
http://www.state.tn.us/safety/handgun/qualifications.htm

Looks a lot like NC's requirements. Basically, if you you can legally own a firearm, and you are not/were not a documented drunk, addict, or nutjob, you're in the clear.

So, if you're a crazy drunk crackhead that just hasn't got caught yet, you're still in the clear.

If you dont qualify, it looks like you'll just be out the $115 application fee.
 
isor said:
im just concerned with them denying me and i cant find much info as to whether there are appeals or not. i think i will contact a lawyer. that sounds like sure bet..
Click to expand...

Well, IMHO contacting a lawyer will be a waste of time and $'s No matter WHAT the lawyer says, your application will either be approved, or denied. The only way to find out what the REAL answer is going to be is to file the application.
 
^^ Bad idea. You sign the application stating that all of the information is true and correct. In the case of the original poster, he's probably ok, but for someone who is skirting the edge of their understanding of what they have or have not been convicted for, and that HAVE been convicted of one of the "no-no" crimes, they have just submitted a false application.

While you may resent lawyers, and you may even have a reason to, if you have become involved in criminal activity, your life is now in the hands of lawyers anyway, both friendly and unfriendly. They now run your world. If you can't figure out on your own the process to locate and read your own file, it's worth a consultation and a billable hour to have a lawyer track it for you. They (or a friend) will have access to data bases like lexusnexus.com, they can pull all of your public records from one place and tell you exactly where you stand.
 
New York State asks if you have ever been arrested, not convicted. Providing false information means not only denial of permit, but possible charges. If there are any arrests, you have to provide documentation of the disposition of the case, for example, dismissed, acquitted, whatever. That's how they'll base their decision. But if you say "No, never arrested," and the records show that you were, you're screwed. In other words, dismissal doesn't mean "it never happened"--you have to report it anyway.
 
mljdeckard said:
^^ Bad idea. You sign the application stating that all of the information is true and correct. In the case of the original poster, he's probably ok, but for someone who is skirting the edge of their understanding of what they have or have not been convicted for, and that HAVE been convicted of one of the "no-no" crimes, they have just submitted a false application.

While you may resent lawyers, and you may even have a reason to, if you have become involved in criminal activity, your life is now in the hands of lawyers anyway, both friendly and unfriendly. They now run your world. If you can't figure out on your own the process to locate and read your own file, it's worth a consultation and a billable hour to have a lawyer track it for you. They (or a friend) will have access to data bases like lexusnexus.com, they can pull all of your public records from one place and tell you exactly where you stand.
Click to expand...

1) I never suggested he submit false information

2) "Charges Dismissed" means just that ... dismissed, done, over, no trial, no conviction, you are free to follow Elvis and leave the building. How can one possibly -not know- that they have been convicted of a crime? (short of amnesia or mental illness)

3) The lawyer isn't going to approve the application. No matter -what- he says, the people that work the application are going to do what they are going to do. The only way to find out for sure is to have them do it. If the lawyer says "yes", and the application folks say "no", is the lawyer going to refund their fee?
 
Status
Not open for further replies.
Back
Top