I may have shot myself in the foot.

This is a discussion on I may have shot myself in the foot. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; First post here, taking my concealed carry class this weekend. Crime is getting horrible in the small town I live in and I feel that ...

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Thread: I may have shot myself in the foot.

  1. #1
    Member Array jhogan2424's Avatar
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    I may have shot myself in the foot.

    First post here, taking my concealed carry class this weekend. Crime is getting horrible in the small town I live in and I feel that I need a way to protect myself and my child so last week I purchased a Smith & Wesson SD9 and plan to keep it in my truck along with keeping my HD shotgun at home. I also drive to St. Louis often for business and I see car jackings on the news quite often when I am there in my hotel so I also plan to carry my recently purchased 9mm when making that trip. I have a question that nobody has been able to answer for me so far including a class instructor. Approximately 10 years ago I got into a heated argument (Over the phone) with my x-wife. At some point in the conversation I mouthed off that I wanted to cut her head off. Of course, she filed a complaint and I was charged with terroristic threatening. When I went in front of the judge, I told him the truth. I told him that I did say exactly what she claimed and told him that I was sorry and did not mean it. He applauded my honesty but really had no choice but to find me guilty because I had admitted it. So, I was convicted of terroristic threatening. I have had no other "run ins" of any kind and the X and I actually get along quite well now. I have asked many people with permits and even a instructor if this is going to cause me a problem when I apply for my permit next week. I looked at the Arkansas State Police website it doesn't really address my exact situation. It does mention domestic violence but I am not sure if my situation would fall into that category. I am very far from being a violent person and would hate to think that I could be denied a CCL because of an arguement over the phone 10 years ago. Does anyone have any concrete info on something like this? Thanks for any help.

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  3. #2
    Senior Member Array palmcoaster's Avatar
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    In Florida, it would definitely hold up your application or cause it to be denied. Not sure of how well records are kept in Arkansas but it could be a definite problem to have such a thing on your record

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    VIP Member Array Ghost1958's Avatar
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    Terroristic threatening is a misdomeaner. If your record is otherwise clean of such things I doubt this will keep you from getting a CC unless the Little king in the Whitehouse has his way with things. It might but being a pretty low level charge with no violence associated with and no other violent offences I dont think it will rule you out. Good luck.
    Spirit51 likes this.

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    Distinguished Member Array Black Knight's Avatar
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    My best advice would be to contact an attorney in your area that deals with gun related laws. You can find out from the NRA who in your area they would recommend.
    bigdogtx, Spirit51 and atctimmy like this.

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    VIP Member Array ccw9mm's Avatar
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    State statutes vary. In some states, any felony (and in some cases, some misdemeanors) are grounds for denial. In other states, only crimes within the past X number of years counts.

    Check the Arkansas State Police web site for info about the CHL application and process.

    In that PDF from the AK State Police, the CHL application asks the following questions (among others). A couple of them deal with violence-related threats. Though, keep in mind the application allows for explanation of the facts related to the incident, suggesting that merely having had that conviction or situation doesn't necessarily void your application.

    • 1. Have you ever been adjudicated as a mental defective or mentally incompetent?

    • 2. Have you ever been voluntarily committed to a mental institution or mental health treatment facility?

    • 3. Have you ever been involuntarily committed to a mental institution or mental health treatment facility?

    • 13. Have you been convicted of a crime(s) that involves physical contact or threat of physical contact with a family member?

    • 14. Have been convicted of a crime of violence?

    • 15. Have you been convicted of any crime involving the use of a weapon?

    • 16. Have you ever been found guilty of an alcohol related offense while you were carrying a handgun?

    • 17. Have you ever been convicted in any court of a crime punishable by imprisonment for a term exceeding one (1) year? NOTE - if you have been arrested and convicted of a felony in Arkansas after March 13, 1995, you must have a Governor’s pardon with firearms rights restored. Just having the conviction sealed or expunged will not restore your firearms rights.

    • 18. Within the last five (5) years have you ever been convicted of the offense of carrying a weapon?

    • 19. Have you recently been arrested for or are you under indictment or information for a crime punishable by imprisonment for a term exceeding one year?
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    Distinguished Member Array Hoganbeg's Avatar
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    I hope you understand that when you make a threat, someone will take it seriously; and well they might.

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    #13 doesn't look so good.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Was this woman your "ex" when you made this threat. If so, you violated step one of Divorce: Never speak to an EX unless in your lawyers presense.
    They're called "EX" for a reason.
    Cold Shot likes this.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Member Array WarMachine's Avatar
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    Welcome to the forum OP. Let us know when you get an answer. I say try to get your CHL anyway. Maybe since its been 10 years you'll be fine.

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    VIP Member Array smolck's Avatar
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    I'd give you a 50/50 shot. I thought I had something in my background that would keep me from getting a carry permit. It didn't. USUALLY (not always) if you can clear the background check to buy a gun, you can get a permit. Nothing to do but wait and see. Good luck.
    As Benjamin Franklin left the hall in Philadelphia, he was asked, “What kind of government have you given us, Dr. Franklin?” He replied: “A republic, if you can keep it.”

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    VIP Member Array Ghost1958's Avatar
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    Going with what exactly the OP said he said Im sort of puzzled at the conviction. He said " I want to cut your head off."
    Not im going to cut your head off. Not that it matters now but If i were to tell someone I want to steal your car. Or I want to kick you butt into next week isnt a threat to do it. Its a statement of feeling not a threat to actually do it.
    Oh well I honestly dont think its going to make much difference and since you already applied I wouldnt bring it up if they dont.
    Aceoky and BenGoodLuck like this.

  13. #12
    Member Array jhogan2424's Avatar
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    With it being so long ago, I don't recall the exact terms I used. I was definetly guilty of the threat and the x-wife was not lieing (Even though it was a totaly empty threat and I had no real intent of severing her head). I should not have said it, but I did. Meanwhile, I just got off the phone with the concealed carry division of the Arkansas State Police. The woman that I talked to was not very friendly or helpful. It appears that question number 13 "Have you been convicted of a crime(s) that involves physical contact or threat of physical contact with a family member?" may or may not apply to me. It was her OPINION that it did not apply to me because I was not married and did not live with my X-wife at the time so she would not be considered a family member. The problem with her answer to me is this... There is a 99.99999 percent chance that the lady I talked to on the phone will not be the person reviewing my application. What if the person reviewing my application comes across the terroristic threatening case and then sees on the application that I indicated that that I was not ever convicted of that type of crime and does not agree with her opinion. In that person's eyes, I lied on the application and that is grounds for immediate denial. If I do indicate the incident on the application, it may needlesly raise eyebrows and hold up the application indefinetly. Obviously I don't want to mention it if I don't have to but at the same time I don't want whoever reviews my application to trash it because they feel I attempted to cover up an incident. I would like to stress that the lady I talked to did not seem very sure of her answer and also did not seem to think about it too long and just wanted to get off the phone as quickly as possible. The entire coversation lasted about 20 seconds. I'm still unclear on how to proceed.

  14. #13
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    Sounds like your mouth may have blown your whole foot off, not just shot you in it.
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    mkh
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    Quote Originally Posted by OldVet View Post
    #13 doesn't look so good.
    That would depend on if an "ex-wife" is still considered a familiy member or not.

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    Member Array drbald1's Avatar
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    + 1 on a lawyer. In the current legal and political environment, you could have trouble with #13.

    Lawyers cost money, and there are certainly some shadey ones out there. A good one, though, is worth the cash, especially if you are able to retain a fundamental right.

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