This is a discussion on CCW Denied, Oklahoma within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by TVille While this may appear to work, I would hate to try this and get caught. Things could get awfully difficult for ...
Only an attorney can define the meaning of the words 'resolved' or 'handled'...or in Slick Willie's case, 'IS'...get an attorney.
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I recently recieved my CCW in Oklahoma. I did not list any of my tickets(which I do not remeber when anyway) or my arrest in Texas for having nunchucks(a friends I did not know of) under my backseat 30 years ago.
I question why he would have fraud charges on a hot check unless he purposely chose not to fix it before court action. This could be considered a red flag, but not sure why it would affect a CCW license this much later.
So you're saying he looked up his court records to fill out the application, and the fraud charge was not there? First step, print that page and keep it for evidence. Usually you are not held liable for something you did in good faith, i.e. you weren't lying, you just didn't remember and the court documents support that statement.
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OP'S dad looked up the record, saw that the offense wasn't there, and thought he could get by without mentioning it. Turned out he was wrong.
One thing the human brain doesn't want to do is get embarrassed. Maybe dad just didn't want the OP to know about that episode, or to know about the details, and so he took a chance. Now he has to deal with the unfortunate consequences.
And to Maat regarding post #18: I don't know the exact wording of the question on the OK application, but if it was "Have you ever been arrested?" and you failed to mention the TX thingy, you may have committed perjury.
If the question was, "Have you ever been convicted of..." then the answer depends on your plea or the jury trial/outcome, or if the charges got dropped.
As to why this is important, that should be obvious. Your being in possession of a prohibited weapon (or hanging with folks who were in possession --stupid people-of a prohibited weapon) goes to your character and judgment and suitability to carry.
Sure that arrest was a long time ago but you still are not taking responsibility (it was my friend's) and you didn't tell the truth on your weapon's application. I'd make that post disappear if I were you. It is not one I would want someone from the OK DPS to get curious about.
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I'll update this as I get information and to respond to questions.
My comment that it is dumb about the "insufficient check" is, it's dumb to have in the law to list off everything in your friggin lifetime, misdeamors, etc..... that may be there, if it's not really (1) a disqualifier for a license , and (2) totally irrevelant to carrying a weapon. Who cares how many traffic tickets you've had, or if you shoplifted when you were 15 yrs old, or wrote an insufficient check some 25 years ago. I see that as nothing more than a "you didn't list it.... gotcha " clause. It's stupid. It's an "excuse" to deny a license for really, no good reason.
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According to the original post, it says that he was charged with writing a fraudulent check. Did this result in either a felony or misdemeanor conviction? If it did not, though I am assuming here that it did because of the record status, the requirement to list it would be ludicrous. Being accused of something is not the same things as being adjudicated of it. An other example would be, getting charged with a speeding violation, but getting it dismissed. The fact that it was so long ago such that it surely would be beyond statute of limitations should also be grounds for not having to disclose. Most states also have a listing of offenses which will render you ineligible for a CCW as well as stating that you have to list if you have ever been convicted of X,Y, or Z, which depending on the time frame may not be a disqualification.
Personally, I find the infinite record retention, including of things that have expired, charges were changed, records were expunged, etc to be very disturbing. If this stuff is kept indefinitely, beyond which it is supposed to be or relevant is a recipe for trouble. Hackers and other non-do-gooders have ways of getting at this information. Information that in some cases, arguably shouldn't have been there.
"RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another
Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and
license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the
license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and
upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in
possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state.
Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for
a concealed handgun license in this state immediately upon establishing a residence in this state.".
Yes, Oklahoma is strict on permits, list of ARRESTS, not convictions is required for your application. My application listed a couple of hunting violations back in the mid 80's and an arrest in Arkansas on falsified charges, of which I was found not guilty. I think those are why my permit took the full 3 months to clear.
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First of all, the OK app asks for a lot of info I haven't seen other states ask about.
Second, the AZ permit is accepted in OK. How will AZ know a person has been denied in OK? The AZ app does not ask about actual arrest record, only convictions.
It is an easy application process. Show them proof of training, pass the FBI check and they'll issue a license. You do not need to be a resident and can do it all by mail.