Can i be denied a conceal carry permit if i was charged with battery ? Not convicted

Can i be denied a conceal carry permit if i was charged with battery ? Not convicted

This is a discussion on Can i be denied a conceal carry permit if i was charged with battery ? Not convicted within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Oklahoma. I am new to this and new to guns. my niece invited me to join a conceal carry class with her. ...

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Thread: Can i be denied a conceal carry permit if i was charged with battery ? Not convicted

  1. #1
    New Member Array lica's Avatar
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    Can i be denied a conceal carry permit if i was charged with battery ? Not convicted

    I live in Oklahoma. I am new to this and new to guns. my niece invited me to join a
    conceal carry class with her.
    I received my certification but now its been 4 months since i sent off for permit. OSBI called and said they are waiting on deposition from a domestic battery case 25yrs ago,in California, i am pretty sure charges were dropped but it still shows on my record, I was not convicted. now i am really worried that i wont get it. I have been able to purchase guns no problem and get a gaming license.I don't know if they go by the same rules ? well that's kinda how i stumbled on to this site, i was looking for answer's to my dilemma.
    Last edited by lica; July 21st, 2012 at 08:53 AM. Reason: To much info!


  2. #2
    New Member Array 40CalPal's Avatar
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    theres really no way to tell you just have to wait on the process to resolve. if battery is a felony you might be SOL.

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    Member Array kaboomkaboom's Avatar
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    Seriously? Can you be denied based on being CHARGED with a crime even tho one isn't convicted?

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by kaboomkaboom View Post
    Seriously? Can you be denied based on being CHARGED with a crime even tho one isn't convicted?
    If the charge is still pending I believe you can be.

    Michael

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    VIP Member Array mlr1m's Avatar
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    http://www.ok.gov/osbi/documents/SDA...k_NOV_2011.pdf

    10. An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state:
    a. any assault and battery which caused serious physical injury to the victim or any second or subsequent assault and battery,
    b. any aggravated assault and battery,
    c. any stalking pursuant to Section 1173 of this title, or a similar law of another state,
    d. any violation of the Protection from Domestic Abuse Act, Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any violation of a victim protection order of another state,
    e. any violation relating to illegal drug use or possession, or
    f. an act of domestic abuse as defined by Section 644 of this title or an act of domestic assault and battery or any comparable acts under the law of another state.
    Michael

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by lica View Post
    OSBI called and said they are waiting on deposition from a domestic battery case 25yrs ago,in California, i am pretty sure charges were dropped but it still shows on my record, I was not convicted.
    Well, according to Oklahoma Title 21 1290.10, that dust-up would require being either (a) a conviction, (b) a history of habitual criminal activity, or (c) an arrest or charges pending for a felony:

    Oklahoma 21-1290.10, paragraphs 2, 5 & 8.

    Quote Originally Posted by OK 21-1290.10.
    MANDATORY PRECLUSIONS

    The occurrence of any one of the following conditions shall deny the person the right to have a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act. Prohibited conditions [include]:

    2. Any felony conviction pursuant to any law of another state, a
    felony conviction pursuant to any provision of the United States Code,
    or any conviction pursuant to the laws of any foreign country,

    5. Conviction of any one of the following misdemeanor offenses in this
    state or in any other state:

    a. any assault and battery which caused serious physical injury to the
    victim, or any second or subsequent assault and battery conviction,

    b. any aggravated assault and battery,

    8. Significant character defects of the applicant as evidenced by a
    misdemeanor criminal record indicating habitual criminal activity; or ...

    Oklahoma 21-1290.11

    Quote Originally Posted by OK 21-1290.11.
    OTHER PRECLUSIONS

    A. 1. An arrest for an alleged commission of a felony offense or a felony charge pending in this state, another state or pursuant to the United States Code. The preclusive period shall be until the final determination of the matter. If a conviction is imposed, the person shall be permanently precluded from a handgun license; ...
    Your best weapon is your brain. Don't leave home without it.
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    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
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  7. #7
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    Did you disclose on your app that you were charged (way back when) and provide the details as requested? That would be in the "WERE YOU EVER" area of the app.
    If you failed to disclose on your app then you're automatically denied.

    If you were only charged and not convicted 25 years ago then you should be OK. If not then you might need to hire an attorney and dispute it.

    Have you visited the OK website related to License To Carry info? CLICK HERE TO GO THERE.
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    If the "charges" were 25 years ago, I seriously doubt they are still pending. Short of murder, there's probably some statute of limitations involved.
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    New Member Array lica's Avatar
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    Thank you all for your responses.I did mention this matter on my application. all i remember is that it was me and the father of my son,i was 19 we got into a scuffle he twisted his ankle during it sprained or broke it i cant remember and he pressed charges. i didn't want to press charges on him because it was stupid and the only reason anyone got hurt is because he stepped back in a hole twisting his ankle. I went to jail that night got out later that evening. him and i kissed and made up, went and spoke with the District Attorneys office, the other person wanting to drop charges. I think that was it, i do not recall anything else becoming of it. I guess i wont know for sure until they finish there investigation. I don't understand if i didn't get convicted why would it be on my record ? I would have to go in front of a judge to be convicted of it right ? IDK maybe i got convicted and got no punishment. wow i just don't know that was so long ago. my sons father passed away a few yrs later so i cant ask him what he remembers. awe the joys of getting old memory not so good anymore! well on the bright side that's the only trouble i ever got in to.

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    Ex Member Array barstoolguru's Avatar
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    There is a two year limitation on domestic violence cases, if they don't file in two years its dead...been there done that. It does send a red flag up though so I would protest it. 4 months is more than enough time to find out info

    what the DA likes to do is leave it on the books so it's a pain in your butt and it shows up every time someone runs you name and lic

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    In a shall-issue state such as OK, no- if you do not have any convictions they cannot deny you. If it was a may-issue state, possibly different story as someone could make a determination that you are "unsuitable".

    Obviously there is an arrest record- that doesn't go away. And I can understand CA taking forever to get back to OK with verification. Hang in there.

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    Member Array Ransom's Avatar
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    I know, this doesn't apply to you in Oklahoma, but I appreciate the 45 day limit on permit approval in Missouri. If they don't approve or deny by then, it's an automatic approval. No foot dragging by officials allowed.

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    Senior Member Array Landric's Avatar
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    Quote Originally Posted by OldVet View Post
    If the "charges" were 25 years ago, I seriously doubt they are still pending. Short of murder, there's probably some statute of limitations involved.
    The statute of limitations only applies to filing charges, once charges are filed they can be prosecuted at any time later. In many states the statute of limitations applies to misdemeanors in any case. In both North Carolina and Virginia (the two states I have experience in) there is no statute of limitations on felonies.

    I suspect one of two things happened in this case, either it was never calendared for a hearing/trial, but was never actually dismissed, meaning it is still technically pending. Or, it was dismissed but the fact of that dismissal was never transmitted to the FBI or the state database and therefore it is still showing as pending on the computerized criminal history.
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    I've had to deal with this very thing on several occasions.

    If the charges werent officially "cleared" then they will still show up. You will have to hire a laywer and have him work a deal with the judge to get it erased.
    If you dont, you will never get issued a permit until it is cleared up.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Distinguished Member Array Once's Avatar
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    You might have to write/call email Cali. yourself and find out what happened and try and get it removed from your record.

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