CCW permit + felony =

[BlkHawk73]

Curious...I a holder of a valid CCW permit is found guilty of an act that would prebiously prevent them from being issued a CCW permit, does the state automatically come and take that permit away? I'm asking because so many folks say how by having the permit, they require no NICS check at the time of a gun purchase. So couldn't it be possible for a person to have a once valid permit but not have the legal ground to stil have it? I know here, even having my permit doesn't exempt me from the NICS call. (never delayed so I don't mind ) Just curious.

EX: Tactical Ted gets his CCW permit. A few years later, he is arrested/found guilty of some felonius charge. He's not likely to voluntarily hand his permit back. So does the isuing authority take it or is it even checked? If not, couldn't Ted still easily buy?

 

[jobu07]

You may not have to have a nics check, but you still have to yellow sheet it. Theoretically, you have to check that you've been convicted of a felony and that would rule you out for the pruchase right there, right?

 

[BlkHawk73]

you still have to yellow sheet it. Theoretically, you have to check that you've been convicted of a felony and that would rule you out for the pruchase right there, right?

You are correct but how many honest felons are there that would actually do this?

 

[nordaim]

I think that if you have crossed the line to felon, at least not as a first time offender, that you really wouldn't care about the laws in regards to firearms.

I also think about how often I carry (legally) and that in the several years that I have had my permit, I have never been questioned about whether or not I am carrying or whether or not I am doing so legally.

Really isn't hard to carry concealed illegally if one wants to.

 

[BlkHawk73]

Not talking about carrying but rather having a CCW permit after being a felon and possibly using it to avoid the NICS check. Just the yellow form, show the permit and aay you go...illegally. Could it happen?

 

[Mr. Mysterious]

Well...I'm not sure about other states, but here in Indiana the CCW permit is only good for 4 years. Thus they'll have a pretty small window as to purchase firearms. And one other thing, here, the CCW permit is not a waiver for a NICS check, so they are not gonna get by with it.

 

[Greybeard]

Here in Tejas, if a CHL holder is even charged with an offense that would make 'em ineligible, they get a "love letter" from DPS and things typically go downhill from there ...

 

[BluesBear]

In washington State, if convicted of a crime that would prohibit you from owning a firearm you are required to surrender it. If you don't they will come after it and you.

 

[kikilee]

Arkansas repeals the permit immediately......................

 

[sturmruger]

I don't think a carry permit precludes you from needing to do a NICs check in all of the states that issue carry permits. I know in in IA my permit was also a purchase permit. With my carry permit I could purchase a pistol without a NICs check, but I know that all states aren't the same. I could be wrong about this, but I think they still do the NICs check in MN even if you have a permit.

 

[Zundfolge]

In many states if you are arrested (especially for a felony) the arresting officer will confiscate your CCW permit then and there and you don't get it back until after your found not guilty at trial ... and then it will probably require lots of red tape and jumping through hoops.

Being "Under Indictment" for a felony is enough reason to be denied purchase of a firearm, so I imagine in most states the same would apply to your CCW.

 

[Standing Wolf]

It's my understanding that in Colorado, the minute you're arrested for a felony, your permit is confiscated.

 

[carp killer]

I California it just depends on who your friends are. Sean Penn for example...

 

[Shootcraps]

In Virginia, a permit does not exempt you from the NICS check. It does exempt you from the one-handgun-a-month limit.

Your permit is tied to your drivers license so I imagine they'd confiscate it if arrested for something that would preclude you from owning a gun.

 

[outofbattery]

In MA , you would lose your LTC and have the option of bringing your firearms to the police station to surrender or having the officers come pick them up .

 

[Third_Rail]

Gee, how many criminals discover, just after being arrested, that all their firearms were "stolen" or "lost" and they didn't realize?

 

[Valkman]

So couldn't it be possible for a person to have a once valid permit but not have the legal ground to stil have it? I know here, even having my permit doesn't exempt me from the NICS call. (never delayed so I don't mind ) Just curious.

If they didn't confiscate it then yes I could buy a firearm and skip the NICS check. You just described the gun contol lobby's argument against CCW holders being able to skip the NICS check. Problem is it doesn't happen very often.

You may not have to have a nics check, but you still have to yellow sheet it. Theoretically, you have to check that you've been convicted of a felony and that would rule you out for the pruchase right there, right?

Uh, no. The dealer puts the yellow form in his records and there is no check because you're exempt from it.

 

[carebear]

Quote:
You may not have to have a nics check, but you still have to yellow sheet it. Theoretically, you have to check that you've been convicted of a felony and that would rule you out for the pruchase right there, right?

Uh, no. The dealer puts the yellow form in his records and there is no check because you're exempt from it.

I think what he meant is that you still have to fill out the 4473, and you can either write "yes" on "convicted of a felony" which will cank the sale, NICS check or no; or you can lie and write "no" and be facing another (federal) felony when you get caught.

 

[jobu07]

Yeah, that's what I was going for carebear. Thanks for the clarification

 

[spacemanspiff]

alaska law states that if a CHL holder is convicted of a crime bad enough to lose the CHL, the holder must turn it in as soon as possible to any peace officer. typically, the holder will have it on their person however, so its likely confiscated right away. however, if it is somewhere else, you must surrender it.

 

[pete f]

MN requires immediate surrender of ccw when you fail to meet the requirements of the permit. It does not have to be a felony. A misdemeanor conviction for domestic assualt or the filing of a restraining order against you voids your permit. Not sure of the timeline but the permit says immediate surrender.

 

[cgv69]

I think that if you have crossed the line to felon, at least not as a first time offender, that you really wouldn't care about the laws in regards to firearms

Reading a comment like that tells me you have no idea how easy it is to become a "Felon"? Whether you realize it or not, there are plenty of good people who have felony convictions. Some just because they made a bad mistake and some didn't even do that much.

My Brother in Law is a Felon. Why? Failure to pay child support. Before you jump to conclusions, hear the facts first....

1. His child support payments where based off of his Navy salary.
2. When he left the service, he could not get a job in his field (avionics).
3. He took what ever work he could find and had two jobs during most of this time.
4. He lived with his parents during this time so that he could (and did) pay his ex almost every cent he made.
5. Unfortunately, it was not enough but he was still less than 6 months behind when he was arrested. It is generally unheard of for a prosecutor to go after somebody for failure to pay child support who is not at least 1 year behind.

So why was he arrested and convicted then? Because unfortunately for him, his ex wife got job as a deputy sheriff right there at the court house. She would be seen on a regular basis having lunch with prosecutors and even judges. On one specific court date, my brother in law was walking by the Judges chamber, 5 minutes before his case was to be heard and who should come walking out? His ex-wife who was by herself. Requests by his attorney to have the case heard in a different county court due to a conflict of interest fell on deaf ears. Even when it was pointed out that neither party currently lived in the county that court is in, the Judge still refused to transfer the case.

My Brother in law is now a convicted Felon. He is a Navy veteran with an honorable discharge but can not vote or own a gun. Why? Because he couldn't find a decent job.

I know this rant is slightly off topic but when I saw the quote above, I felt the need to point out that not all felons are dirtbags or criminals.

 

[Chairman Meow]

When using a permit to purchase a firearm in Utah, the seller calls the Bureau of Criminal Identification (BCI) and they run the permit number. This process takes the place of the normal background check, has no associated fee, and takes about 1 minute as opposed to the 30 minutes required by a complete background check. Also, since no call is placed to the FBI, there is no federal record of the purchase, just the store owners records. If you are charged or convicted of a felony or have a restraining order placed against you in the state of Utah, BCI will hear about it and will deny your permit if it is called in. However, if the offense or restraining order took palce in another state, I'm guessing that Utah's BCI wouldn't find out about it immediately. They run an FBI background check when the permit is issued, but I don't know how often the process is repeated thereafter, if at all.