Ccw denied in Missouri
After waiting the full 45 days I was denied a ccw in Missouri with the stated reason being a felony in Georgia in 1989.
I've had no felony arrests or convictions and have purchased nearly a dozen firearms in the last 10 years through retail vendors filling out the yellow sheet.
How do do I prove a negative? Other than stating there was a felony arrest there is no detail whatsoever.
They give no info on the appeal process simply stating I can go to small claims court or file an appeal.
It sounds like some sort of identity mix up in Georgia. I'm afraid your answers are going to lie in Georgia.
A). Try and track the info down yourself starting with some phone calls to Georgia State Police.
B). Hire an attorney, and have him look into it.
Either way, you're going to have to resolve this situation one way or another. If you've never been arrested, let alone never been convicted of anything, you don't want to have an erroneous felony conviction on your record.
A felony conviction means finger prints. Somewhere along the trail, someone has a set of fingerprints assigned to whoever they are saying has that felony on their record.
It's going to cost you time, aggravation, and possibly some coin in order to resolve this. But a felony is nothing to have lingering around on your record if it don't belong to you.
Hopefully it's merely some bad clerical error somewhere along the chain and not as a result of someone who stole your identity and had your name, SSN and other unique identifiers of yours when they got arrested for whatever crime is being attributed to your name. Even in that case, I would think fingerprint records would verify the real person with the felony is not you.
Again, for every felony conviction, they have a set of fingerprints attributed to that person, somewhere in the system.
I realize, you submitted your fingerprints as part of your ccw process, but if it's true that you are not the criminal they are saying you are, then somewhere there is a mix up, and quite possibly with the fingerprints as well.
As I said, this may cost some serious bucks getting this straightened out. But I would do whatever it takes to clear my name if it were me. So, at this point, getting my ccw would be at the bottom of my list. At least until it's resolved.
Good luck. That definitely sucks big time!
IF you have a friend thats a LE I would have him or her try running you with the same info you gave for the permit and see if it comes back the same. If not then then likely the mix up is on the Missouri end at the permit dept. If so then the mix up is likely in Ga.
You also might try a kind of old fashioned attempt at calling the permit dept and telling them you have no felony arrests in Ga. It could be something as simple as a typo on something they can clear up quickly.
If not then its going to be a long haul but since you have bought numerous firearms and nothing popped up I tend to think this a paper snafu in Mo.
Depending on how the local Sheriff or Chief of Police feels about CCW you might have one of them check your criminal background and if and when it comes back clear, ask if they will write a letter stating that.
Don't forget the Freedom of Information Act. You have a right to ask for any information on you from the State of Georgia Attorney General and use that response to appeal the decision. Always use Certified Mail with a return receipt requested on all letters and keep a copy of the letters.
You may also be able to use the FOIA to request the specifics on the supposed offense from Missouri CCW department.
I have found that citizens armed with knowledge of their rights to public information get a lot more attention than the average inquiry. And with the Certified Mail they know you are smart enough to be tracking down anyone who doesn't do their job.
This is Missouri law:
6. The sheriff may refuse to approve an application for a certificate of qualification for a concealed carry endorsement if he or she determines that any of the requirements specified in subsection 2 of this section have not been met, or if he or she has a substantial and demonstrable reason to believe that the applicant has rendered a false statement regarding any of the provisions of sections 571.101 to 571.121. If the applicant is found to be ineligible, the sheriff is required to deny the application, and notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to submit, within thirty days, any additional documentation relating to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall reconsider his or her decision and inform the applicant within thirty days of the result of the reconsideration. The applicant shall further be informed in writing of the right to appeal the denial pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews and denials by the sheriff, the person submitting the application shall appeal the denial pursuant to subsections 2, 3, 4, and 5 of section 571.114.
Section 571-101 Concealed carry endorsements, applicati
You should receive a written notice and have the ability to appeal the decision for the next 30 days. I'd talk to the Sheriff's department and find out why you weren't told about the appeal process, then I'd get as much information as I could and get on the phone to the GA Dept. of Corrections or some GA law enforcement division and get to work.
Not sure what the appeals process is in MO. I'm assuming that MO requires SSAN on your permit application. It could be just a matter of someone entering your number wrong. Could be on the MO end or it could be on the GA end.
Same thing happened to me back in 1999. I was purchasing a handgun and got arrested. This was on our wedding anniversary and the weapon was my present. Never been to jail in my life or convicted of ANYTHING.
Come to find out it was from 1991 in a town 75 miles from where i lived that i have never been to.
Made 2 court appearances and it was finally dismissed but i still had to have it expunged from my record. Out judicial system at work i guess.
Someone reported a burglary and got the tag numbers wrong and i had to pay for the screw-up. Person who swore the warrant out never showed at court.
All together this screw-up cost me over 2000.00...
Good luck with this one.
Sorry for the hi-jack but just wanted to let you know how some "systems" might be.
Call and explain to the permit dept that you think there was a mistake. Also did you ever live in Georgia? (You never stated if you did or didn't) Sorry to hear about your denial but you can sort it out. But first call the people that denied you and start there.
Georgia felon search
I found something that might be helpful:
"Georgia Felon Search - Georgia Felon Search | Georgia Technology Authority - helps you easily conduct checks on the people who matter to your family and business. It’s quick, convenient and affordable. All you need is a name, date of birth and a credit card, and the fee for each search is only $15."
Here's the link:
Edited to add: It is interesting that this system only asks for a name and birth date. It is quite possible that there is someone in Georgia with the same name and birth date as you. I do genealogy as a hobby, and this happens more often than you would think.
If you find something with this search, it might show additional information that would prove that this was not you. If not, it would probably show where this felony occurred and then you could call the local sheriff and explain the situation to him, and he could probably help.
Sounds like a BAD mix-up. I'd get a lawyer - pain paying for one but you HAVE to get this straightened out, and not just for the permit. If that is actually on your record you will be out: for jobs, credit, even a traffic stop will find the LEO suspicious thinking he's dealing with a felon.
Originally Posted by Benandjoesdad
Seriously, get legal help to make sure that false crime is completely expunged from your record - then have the attorney check on occasion to make sure it hasn't wandered back on. I'd also want to know how this happened: e.g., is your name nearly the same as another who is the felon? AND CHECK YOUR CREDIT REPORTS FORTHWITH!
Good luck but DO NOT TAKE THIS LIGHTLY IN THE LEAST!
Cheaper route than most attorneys, and Private Investigator can and will run a background check for you for a lot less money. Then, if you see a problem, take that with you to an attorney.