July 20th, 2012 09:21 PM
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 07:53 AM.
Reason: To much info!
July 20th, 2012 09:28 PM
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.
July 20th, 2012 09:31 PM
Seriously? Can you be denied based on being CHARGED with a crime even tho one isn't convicted?
July 20th, 2012 10:02 PM
If the charge is still pending I believe you can be.
Originally Posted by kaboomkaboom
July 20th, 2012 10:04 PM
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.
July 20th, 2012 10:09 PM
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:
Originally Posted by lica
Oklahoma §21-1290.10, paragraphs 2, 5 & 8.
Originally Posted by OK §21-1290.10.
Originally Posted by OK §21-1290.11.
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July 20th, 2012 10:13 PM
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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July 21st, 2012 01:13 AM
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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July 21st, 2012 08:14 AM
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.
July 21st, 2012 09:12 AM
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
July 21st, 2012 01:44 PM
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.
July 21st, 2012 02:25 PM
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.
July 21st, 2012 03:31 PM
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.
Originally Posted by OldVet
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.
"The Engine could still smile...it seemed to scare them" -Felix
July 21st, 2012 03:46 PM
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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July 22nd, 2012 08:09 AM
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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