missouri conceal and carry.

This is a discussion on missouri conceal and carry. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I want to get a conceal and carry, but first I need to be able to get a gun. I have no felony convictions of ...

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  1. #1
    New Member Array chekmait's Avatar
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    missouri conceal and carry.

    I want to get a conceal and carry, but first I need to be able to get a gun. I have no felony convictions of any kind. When I was 18 I was arrested for having a gun in my vehicle and I served 2 weeks in jail. That was a misdemeanor concealed weapon conviction. Never been in trouble since and I am 38. Thats the record that keeps stopping my attempts to buy a gun though. Does anyone know if I have lost my rights for the rest of my life or is there something that can be done?

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    You will need to contact an attorney and discuss your situation with him if you are looking for some sort of legal appeal to your current status. Without an attorney, you have very little chance of things changing.

    If your previous situation is keeping you from passing an NICS, then you can rest assured it would stop you from passing the CCW investigation, so you'll have to deal with it legally, if it can be dealt with at all.

    I'm sure you are hoping for some advice that doesn't involve hiring someone and paying them, but if it's important to you, then you should consider the fact that the 'best' way to get your rights restored isn't going to be the 'free' way.

    If you are close to the KC area, I can pass along the name of a very good attorney that is involved in a lot of the gun rights laws in our state. He would be a good resource if you are local to the area.
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    Pay the price, your life and your families lives could depend on it someday.

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    Unfortunitely I don't think they do expungement in Missouri very often and the governor rarely does pardons in Missouri. Consulting with a lawyer is about the only hope IMO. I would see exactly what is on your record first. I recently researched a little on Missouri law because of a possible issue I may have on record. Fortunately mine was dismissed.

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    New Member Array chekmait's Avatar
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    I have sent out a couple of emails to attourneys today to see what can be done. I was just wondering if anybody out there knew anything more than for me to call a lawyer, such as a lawyer wouldn't be able to help me. I live in St. Louis. There was a police officer responding to an elderly man passing away across the street from me and I sat and talked with him for about 45 min. He ran my drivers license and told me that had he pulled me over and I had a gun in my vehicle today that there was nothing on his computer that says I can't have one. So if all else fails and I'm unable to rectify this, would anything about me prohibit my wife from owning a gun? She's never been arrested in her life.

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    VIP Member Array Spirit51's Avatar
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    Quote Originally Posted by TX expat View Post
    You will need to contact an attorney and discuss your situation with him if you are looking for some sort of legal appeal to your current status. Without an attorney, you have very little chance of things changing.

    If your previous situation is keeping you from passing an NICS, then you can rest assured it would stop you from passing the CCW investigation, so you'll have to deal with it legally, if it can be dealt with at all.

    I'm sure you are hoping for some advice that doesn't involve hiring someone and paying them, but if it's important to you, then you should consider the fact that the 'best' way to get your rights restored isn't going to be the 'free' way.

    If you are close to the KC area, I can pass along the name of a very good attorney that is involved in a lot of the gun rights laws in our state. He would be a good resource if you are local to the area.
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    VIP Member Array Spirit51's Avatar
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    Quote Originally Posted by chekmait View Post
    I have sent out a couple of emails to attourneys today to see what can be done. I was just wondering if anybody out there knew anything more than for me to call a lawyer, such as a lawyer wouldn't be able to help me. I live in St. Louis. There was a police officer responding to an elderly man passing away across the street from me and I sat and talked with him for about 45 min. He ran my drivers license and told me that had he pulled me over and I had a gun in my vehicle today that there was nothing on his computer that says I can't have one. So if all else fails and I'm unable to rectify this, would anything about me prohibit my wife from owning a gun? She's never been arrested in her life.
    Wife would have no problem, if SHE wishes to carry. I really recommend you find a good lawyer and get it resolved. Trying to "sneak" around a law can usually spell bigger trouble. Can the NRA recommend a lawyer in your area? Local gun clubs? Firearms dealers? These people might know of a good lawyer for this in your area.
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    Regardless of what ANYONE on a forum tells you, what your friends think, what the cop's computer doesn't show...none of it matters.
    As has already been stated...A T T O R N E Y...this is your only possible 'saving grace', so to speak.

    If being able to have your RKBA back, invest in the legal help.

    If you think you can't afford it...can you afford to never be able to carry a weapon for the rest of your life?
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    VIP Member Array Spirit51's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Regardless of what ANYONE on a forum tells you, what your friends think, what the cop's computer doesn't show...none of it matters.
    As has already been stated...A T T O R N E Y...this is your only possible 'saving grace', so to speak.

    If being able to have your RKBA back, invest in the legal help.

    If you think you can't afford it...can you afford to never be able to carry a weapon for the rest of your life?
    ^^^^^^^^^^^^^^^^^^Yeah, what he said.^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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    Quote Originally Posted by chekmait View Post
    I have sent out a couple of emails to attourneys today to see what can be done. I was just wondering if anybody out there knew anything more than for me to call a lawyer, such as a lawyer wouldn't be able to help me. I live in St. Louis. There was a police officer responding to an elderly man passing away across the street from me and I sat and talked with him for about 45 min. He ran my drivers license and told me that had he pulled me over and I had a gun in my vehicle today that there was nothing on his computer that says I can't have one. So if all else fails and I'm unable to rectify this, would anything about me prohibit my wife from owning a gun? She's never been arrested in her life.
    Unfortunately nobody is going to be able to give you anything 'definite' like that; an attorney will get a full case history and all the associated information about what transpired in your past and he'll understand how it will impact your ability to own a firearm, or CCW, today. It may not be likely, but only legal council will be able to tell you the specifics of what could, or could not, happen under MO law.

    Your wife should have no problem owning a firearm, or getting a CCW, however as it's already been mentioned, don't take that route if the idea is skirting the law to purchase. It'll end up biting you in the rear and you'll take her down with you. I'm going to stress this because if you indeed have no felonies, then you should be able to appeal the NICS denial. Once again, if you want it done right, you need to speak with legal council about this unless getting yourself a law degree sounds easier to you... Either way, don't give up hope and do speak with someone who can represent you in a competent manner and hopefully you can put the past behind you the right way.
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    New Member Array chekmait's Avatar
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    The wife already inherited a .45 cal Glock. Just need to get her instructed on its use. I mostly worry about her anyway. Thanks for the quick responses, I'll post how it goes.

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    Member Array Joonbi's Avatar
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    If you either call or go to the county court house of the arrest they will give you all your records. I did this in Missouri about a month ago. Mine showed nothing so I had them mail me a certified statement saying that I had no records on file. If nothing more the more info that you get saves the lawyers leg work and you money. I solved everything on my own. The lawyers I talked to wanted $750 just to begin and can't guarrantee anything. This could easily turn into $2000 plus. Again unless you have the money to spare do everything you can first then take your info to the lawyer.

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    Check this wording in you're Missouri CCW application taken from here;
    Section 571-101 Concealed carry endorsements, applicati

    (3) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

    (4) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement;

    (5) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;


    Here is Mo. weapons offenses violation page which may also be helpful, which is where I got the first link from;

    RSMO-Chapter 571

    To OP,I think it looks as you may be good to go, if what you say was true, in that it was only a msdemeanor.
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    Quote Originally Posted by oneshot View Post
    Check this wording in you're Missouri CCW application taken from here;
    Section 571-101 Concealed carry endorsements, applicati

    (3) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

    (4) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement;

    (5) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;


    Here is Mo. weapons offenses violation page which may also be helpful, which is where I got the first link from;

    RSMO-Chapter 571

    To OP,I think it looks as you may be good to go, if what you say was true, in that it was only a msdemeanor.
    Re-read section 3. He does have a misdemeanor firearm conviction, which would cause him to not qualify for the CCW based on the last part of that section.

    My guess is he could probably get an appeal on the NICS denial but I doubt there is any way to appeal the state CCW law.
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  16. #15
    New Member Array chekmait's Avatar
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    Yeah TX expat, thats the part I keep looking at. Too bad the states and fed make it so hard for people trying to live right and do things the legal way. Who does this help? Criminals don't buy guns at the store, they get them cheaper and easier on the street, not to mention they don't want a traceable weapon so even if they could they wouldn't go to a store. I think these laws for the most part don't help anybody but the criminals, by making their targets difficult or impossible to arm themselves.

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