CCW Denied, Oklahoma

CCW Denied, Oklahoma

This is a discussion on CCW Denied, Oklahoma within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm currently researching this on my own but figured i'd post this up and get additional help while i'm at it. ------------- So, my father ...

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  1. #1
    Member Array Sevrenth's Avatar
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    CCW Denied, Oklahoma

    I'm currently researching this on my own but figured i'd post this up and get additional help while i'm at it.
    -------------


    So, my father and I applied for our Concealed Carry license at the same time. Last Friday, I got a letter in the mail stating I had a new license awaiting me at the Sheriff's Office. My father did not. We shrugged it off since he had problem with the OSBi and someone with the same name. He now has a UPIN and so forth.

    Well he received a certified letter from the OSBI and we picked it up today. Apparently he was denied for license due for the following reason, copied as it is in the letter.

    "The OSBI identified the following charges, arrest and/or convictions that you failed to disclose.

    Date; XX/XX/1986. Charge, Fraud - Insufficient Funds Check.

    Seriously? It's not as if he intentionally left that out. It happened two years before I was born and i'm 23! It says he can appeal this action within' sixty days so i'm currently writing up a letter because the OSBI never answers. At least the NICS department. It goes to their voice mail inbox but the inbox is full. Go figure.

    Is it probably and can I succeed in appealing this?

    And it's not an unresolved case. It was handled.


  2. #2
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    If the application says to list all arrests and/or convictions then that might be a bit tough to appeal. Granted that was a long time ago, but "all" may be a pretty important criteria to them. Before you do much more you might get some advice from an attorney. Good luck
    Last edited by ppkheat; October 14th, 2011 at 08:11 PM.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Taken directly from the Oklahoma Self Defense Act application.

    ALL APPLICANTS MUST ANSWER “YES” OR “NO.” CAUTION: FAILURE TO DISCLOSE ALL ARRESTS, CHARGES OR CONVICTIONS, FELONY OR MISDEMEANOR, WILL RESULT IN DENIAL OF THE APPLICATION.

    YES NO HAVE YOU EVER BEEN, AS AN ADULT OR JUVENILE, ARRESTED, CHARGED OR CONVICTED OF ANY CRIME, FELONY OR MISDEMEANOR(IN THIS STATE OR ANY OTHER STATE OR COUNTRY)? IF YES, PROVIDE INFORMATION REQUESTED BELOW. ATTACH ADDITIONAL SHEETS IF NECESSARY.
    Your dad can appeal the rejection of his permit. If he can show where the issue was resolved, they may reverse the denial of the permit. It will be up to the discretion of the appeals board.
    BioGLoCK23 likes this.
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    I agree with ppkheat, get an attorney. The, unfortunate problem that you potentially face is losing the appeal and then being forever denied a CCW permit. Facing that, it would be worth the cost of $100 or so to speak with one to consider your options. While you are waiting for your attorney appointment, carefully review the laws of your state. Is your state a shall issue state or a may issue sate? Especially if it is a shall issue state, does it have a set of statutes that say that unless you have been convicted of XYZ, or adjudicated of ABC you shall be issued a permit? In other words, while your dad may have failed to list ALL convictions, in the scope of things it may be irrelevant.

  5. #5
    Member Array rably's Avatar
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    I know that in SC, we were cautioned to make sure we listed every traffic ticket because they could deny you (and have) on that basis. We all know that common sense and government don't go well together, but if he would not have been denied if he had included it on the original application and if that's the only thing that was overlooked, I would hope that the appeal would be approved. Or who knows - maybe their approval/denial computer system simply looks for specific keywords and it saw "fraud" and stamped a red "X" on it, where an appeal might involve a person who looks at it and says "he bounced a check 20+ years ago - I don't think that makes him a threat to society or himself".

    Good luck!

    PS - totally agree with the "get an attorney" suggestions. If nothing else, they might be able to help word the appeal correctly.

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    It's most likely a technicality and he will be cleared. A buddy of mine was flirting with a cashier at a retail music store once when he was 18 yr old. The cashier "slipped" him a pack of Pez candy that he had been playing with. Low and behold the little $1.50 pack of candy had one of the electronic anti-theft deals. The alarm sounded as he left and mall security came, called the police and he was arrested. He took full responsibility, plead guilty, and refused to implicate the cashier. He had to pay a fine... I think like $200 bucks.

    A few years later he applied for his concealed carry permit and was denied. It turns out that the crime could technically have been punishable by up to one year in prison and that made him ineligible for a permit. He was instructed by the people at the permitting office to arrange a meeting with the County Sheriff. He met with the Sheriff and explained the incident. The Sheriff cleared him for concealed carry and he received his permit the same day.

  7. #7
    Member Array Sevrenth's Avatar
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    I appreciate all the responses and insight. This actually ticked me off.

    The real kicker, we have an on demand court record to look up any thing still on your record and there was nothing on there besides traffic tickets and filing for a marriage license. The oldest, the marriage license, is 1985. It's on there but the insufficient fund charge is not.

    It's not like he intentionally left it out. Hell, I have a hard time remember any tickets i've had in the last five years.

    What kind of attorney should I contact?

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    Wow, interesting. Here, you could have a felony expunged and be good, as long as it wasn't a violent person crime, weapons related crime, or drug crime within 5 yrs. . Misdeamnors aren't even a matter of discussion unless they are a drug charge. Here, you don't have to report any 'arrest' if never convicted, nor a crime that isn't specifically a disqualifier.

    I would check with them, Records can be expunged and then it shouldn't be a matter of record. Seems rather dumb to reject someone for an insuffient check some 25 + years before. Also, attorney used to dealing with CC laws there, etc. may give some good advice and help.
    Last edited by Eagleks; October 15th, 2011 at 10:09 PM.
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    Quote Originally Posted by Eagleks View Post
    Wow, interesting. Here, you could have a felony expunged and be good, as long as it wasn't a violent person crime, weapons related crime, or drug crime within 5 yrs. . Misdeamnors aren't even a matter of discussion unless they are a drug charge. Here, you don't have to report any 'arrest' if never convicted, nor a crime that isn't specifically a disqualifier.

    I would check with them, Records can be, then it shouldn't be a matter of record. Seems rather dumb to reject someone for an insuffient check some 25 + years before. Also, attorney used to dealing with CC laws there, etc. may give some good advice and help.
    Yeah, pretty similar next door here in Missouri too. Our legislators weren't so anal when they created the statute. Thank goodness for that.
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    Quote Originally Posted by Sevrenth View Post
    What kind of attorney should I contact?
    Family Law
    Criminal defense
    Or better yet talk to some concealed carry instructors and see if they have a recommendation for an attorney they might know.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Eagleks View Post
    Wow, interesting. Here, you could have a felony expunged and be good, as long as it wasn't a violent person crime, weapons related crime, or drug crime within 5 yrs. . Misdeamnors aren't even a matter of discussion unless they are a drug charge. Here, you don't have to report any 'arrest' if never convicted, nor a crime that isn't specifically a disqualifier.

    I would check with them, Records can be, then it shouldn't be a matter of record. Seems rather dumb to reject someone for an insuffient check some 25 + years before. Also, attorney used to dealing with CC laws there, etc. may give some good advice and help.
    Just correcting a misconception here. He was not denied because of the check issue. He was denied for failing to report it. I recall reading about a case where a person was denied a permit for failing to report a citation for fishing without a license many years ago.

    Michael
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    Member Array Roon's Avatar
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    Feel free to correct me if I am wrong, but if this doesn't work out in your favor and your father gets denied for this silly reason. Could he not just get a non-resident permit from say MN (which OK recognizes) and be good to go?

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    Hopefully, you can get this resolved in your Dad's favor, but please let us know how it turns out.

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    Sounds like a pretty strick State to get a permit.
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    Member Array TVille's Avatar
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    Quote Originally Posted by Roon View Post
    Feel free to correct me if I am wrong, but if this doesn't work out in your favor and your father gets denied for this silly reason. Could he not just get a non-resident permit from say MN (which OK recognizes) and be good to go?
    While this may appear to work, I would hate to try this and get caught. Things could get awfully difficult for you.

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