Can I get a Conceales Carry Permit/Arrested in 2000 for violation protection order

Can I get a Conceales Carry Permit/Arrested in 2000 for violation protection order

This is a discussion on Can I get a Conceales Carry Permit/Arrested in 2000 for violation protection order within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In 2000 I was arrested for violation of a protection order/non domestic. I had a concealed carry permit at the time and I got a ...

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Thread: Can I get a Conceales Carry Permit/Arrested in 2000 for violation protection order

  1. #1
    New Member Array bartlesvilleguy's Avatar
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    Can I get a Conceales Carry Permit/Arrested in 2000 for violation protection order

    In 2000 I was arrested for violation of a protection order/non domestic. I had a concealed carry permit at the time and I got a letter in the mail from OSBI demanding I send back back license to them and that it was suspended. This was because of a problem I was having with a old neighbor and he mental issues and was afraid of me because I told him that if he yelled at my son again I he was not going to be happy with the outcome so he lied in the application for protection order and won. Well I didn't know he worked at walmart,I went inside he seen me called the police and I was arrested. This was back in 2000. Because of this am I not eligible to have my license back now since its been 12 years now and it was not domestic? According to the OSBI website it says something about 3 years. I'm not for sure exactly if it means 3 years after the arrest or if I am permanently banned from having the license. Please help,I want my license back. This is what the Oklahoma OSBI website says in part.

    The following conditions shall preclude a person from being eligible for a
    concealed handgun license pursuant to the provisions of the Oklahoma Self-
    Defense Act, Sections 1 through 25 of this act, [FN1] for a period of three
    (3) years from the date of the occurrence of the condition or until the
    condition has been removed:
    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;
    2. The person is subject to the provisions of a deferred sentence or deferred
    prosecution in this state or another state or pursuant to federal authority for
    the commission of a felony offense;
    3. Any involuntary commitment for a mental illness or condition pursuant to
    the provisions of Section 5-401 of Title 43A of the Oklahoma Statutes or any
    involuntary commitment in another state pursuant to any provisions of law of
    that state;
    4. Currently undergoing treatment for a mental illness, condition or disorder
    which requires medication or supervision;
    5. Inpatient treatment for substance abuse;
    6. Two or more convictions of public intoxication pursuant to Section 8 of
    Title 37 of the Oklahoma Statutes;
    7. Two or more convictions relating to intoxication or driving under the
    influence of an intoxicating substance or alcohol;
    8. Upon the entry of a court order for a Victim Protection Order against the
    applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma
    Statutes;


  2. #2
    Member Array ncsteveh's Avatar
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    3 words, hire a lawyer.

    don't open the can of worms without one.
    "Those without swords can still die upon them."

  3. #3
    New Member Array bartlesvilleguy's Avatar
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    Why hire a lawyer? Dosent it say 3 years that I cant have a license or is that wrong in Oklahoma? Hiring a lawyer is gonna be expensive.

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    Senior Member Array palmcoaster's Avatar
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    Lawyer could help. In fla you would probably be denied

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    Member Array uberrogue's Avatar
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    Yea but "or the condition is removed" could also be used hence the lawyer otherwise you can always just fill out the app and hope for the best.

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    Ex Member Array gregnsc's Avatar
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    I was curious and asked a close friend,who is a CCW instructor,some time back,after all the state and fed background checks were done,and you passed them,who has the final say,so far as you getting the permit?He said here,it's the Sheriff.If i had a problem with my CCW,i would start there.Either they will help or won't.No harm asking.That said,i guess it varies from state to state.

  7. #7
    Distinguished Member Array Exacto's Avatar
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    I am not an attorney so you need to verify any opinions or advice given here with an attorney...
    What I am seeing are eight conditions that the three years apply to. If any of those conditions were violated,( looks like number eight might apply in your case) you are ineligable to get a concealed carry permit for three years or until the violated condition has been removed. If I read it right, waiting three years would remove it. I don't know if Oklahoma is a shall issue State , or a issue on a discretion basis State. If it's discretionery, you might have a problem. You should be able to ask the clerk of the court in your county if the violation has been removed by the three year wait. Good luck.
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    Member Array wsquared's Avatar
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    The legal opinions that you get on the internet MAY be worth what you paid for them if you're lucky. Most of them are worth less than what you've paid for them.

    I ma with ncsteveh on this. I don't much like lawyers...but I wouldn't even think about taking a run at this without hiring one.

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    8. Upon the entry of a court order for a Victim Protection Order against the applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma Statutes;
    If it were that simple, then yes the 3 years have expired and you should be able to apply. However you were also charged with violating the protection order, that may change the whole complexion of the case. You need legal advise, and no one here is qualified to give you that.
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  10. #10
    Member Array ncsteveh's Avatar
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    Quote Originally Posted by archer51 View Post
    If it were that simple, then yes the 3 years have expired and you should be able to apply. However you were also charged with violating the protection order, that may change the whole complexion of the case. You need legal advise, and no one here is qualified to give you that.
    What's in red is going to be your problem, try it without a lawyer and you will get denied. Then that pesky question will follow you the rest of your life if you ever try to apply again later, IE "have you ever been denied a permit?"
    "Those without swords can still die upon them."

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    Member Array drbald1's Avatar
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    Hiring a lawyer is gonna be expensive.
    So, what's your CCDW license worth to you.

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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by bartlesvilleguy View Post
    ...
    The following conditions shall preclude a person from being eligible for a
    concealed handgun license pursuant to the provisions of the Oklahoma Self-
    Defense Act, Sections 1 through 25 of this act, [FN1] for a period of three
    (3) years from the date of the occurrence of the condition or until the
    condition has been removed:

    ...
    8. Upon the entry of a court order for a Victim Protection Order against the
    applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma
    Statutes;
    Is the Order of Protection still in effect? If it is, then it appears you have not resolved the issue.

    As has been said several times already - Contact an attorney.

    If you cannot afford an attorney, check to see if your state offers Legal Aid.
    "If you make something idiot proof, someone will make a better idiot."

    - Anon

  13. #13
    MJK
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    Just a thought...were you ever convicted of violating the order? Arrests for various offenses occur all the time but it is not unusual for the person arrested to be released and not adjudicated guilty of committing a crime.
    [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people. ---Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

  14. #14
    GH
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    Fill out an application, be completely honest, send it in along with the fee & see what happens. In Wisconsin if your license is denied you get your money back. If that's the case in OK you'll have nothing to lose. If it's denied you can start thinking of getting an attorney.
    Glenn

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    Why do people ask for legal advice from strangers on the internet with made up aliases?

    Hire a qualified attorney and get the legal advice you need.
    Hoganbeg, Sarge65 and BenGoodLuck like this.
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