Mistake 7 yrs ago...please help...

Mistake 7 yrs ago...please help...

This is a discussion on Mistake 7 yrs ago...please help... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi, back in 2007 I was arrested in NC and charged with communicating a threat and ethnic intimidation during a car accident. The other person ...

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Thread: Mistake 7 yrs ago...please help...

  1. #1
    New Member Array ecoexplorer's Avatar
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    Mistake 7 yrs ago...please help...

    Hi, back in 2007 I was arrested in NC and charged with communicating a threat and ethnic intimidation during a car accident. The other person said some things, I said some things but only I was charged. My lawyer managed for me to not even show up to court and pay my way out which Im guessing was a suspended sentence or something...after paying the lawyer he told me that if I wanted an expungement he could take care of that too.

    I bought in 2011 a Glock 19 and I was issued a gun permit but Im not even sure at this point after so much reading if a CCP will be denied !!!

    Could someone shed some light here for me please.

  2. #2
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    Moving - PM me if you want to know where
    Call your attorney.
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  3. #3
    VIP Member Array ccw9mm's Avatar
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    Depends on the specifics of the charge and disposition, of course. If effectively dismissed, that's one thing. If, however, it was a charge and it's on your record out there, beyond a mere arrest, particularly if in a state that considers such charges bad juju if it could have resulted in 1yr+ sentencing (even though you didn't spend a lick of time in jail+probation), you could be in for a denial.

    I would suggest speaking with your attorney and getting a simple copy/explanation of the charge and disposition, if you don't already have a copy. With document in hand and a simple explanation on that point, you'll then know. Of course, you could also simply submit to the CHL application process ... then you'll know, too.

    Keep in mind that each state handles records of arrests/convictions differently, some quite harshly as general indicators of character, while others only consider felonies or stiff misdemeanors within past X years as criteria. Depends.
    NONAME762 likes this.
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  4. #4
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    You're wasting precious time asking on a forum...A T T O R N E Y.
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  5. #5
    Member Array pignut's Avatar
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    Best advice as above,contact your lawyer. Might be worth it to get the record cleaned up anyway. I would think if you had a background check done when you bought the pistol and it was OK then everything would be OK. Don't they look at the same background in both cases? Pure speculation on my part. Lawyer is by far better route.
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  6. #6
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    Welcome. Hopefully you have chilled in the last seven years.

    For legal advice, go see your attorney.

    For practical advice - don't take this the wrong way - but if you are the type of guy that, at present, shoots his mouth off and can't keep his cool, then maybe you should just pass on weapons permit. Just because you carry a weapon doesn't mean you need to be a pushover, but you need to know how to keep your cool, even when the other guy is a jerk. If the event was a "one off" well, okay. But if you find yourself often "getting into situations" and having verbal altercations with strangers, time to take a look in the mirror.

    Don't take it the wrong way - I don't know you - just sayin' we all need a little Zen when we carry.

    Good luck.
    mkh, Brent95, ctr and 8 others like this.
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  7. #7
    Member Array 91wm6's Avatar
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    You could start by getting a hold of the case disposition at the court where you were charged. Depending on your charge you may qualify now for a ccw (slim chance from the sound of it), or you may have to hire an attorney to have the charge expunged and your rights restored.

  8. #8
    Senior Member Array RightyLefty's Avatar
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    Not exactly sure what N. Carolina's carry laws are, but since you were issued a handgun permit I think that would bode well for you. In most shall issue states if you are able to possess a firearm, you should be able to get a carry permit. But as others have said, good time to talk to a lawyer.
    atctimmy likes this.

  9. #9
    VIP Member Array NC Bullseye's Avatar
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    Here is the NC statute that will tell you if you will qualify or not. Since you didn't say exactly what statute you were charged with I'll let you do the detective work and see if you fall into the catagories that are deniable offenses.

    14‑415.12. Criteria to qualify for the issuance of a permit.

    (a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

    (1) The applicant is a citizen of the United States and has been a resident of the State 30 days or longer immediately preceding the filing of the application.

    (2) The applicant is 21 years of age or older.

    (3) The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.

    (4) The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. The North Carolina Criminal Justice Education and Training Standards Commission shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by:

    a. The North Carolina Criminal Justice Education and Training Standards Commission,

    b. The National Rifle Association, or

    c. A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association.

    Every instructor of an approved course shall file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.

    (5) The applicant is not disqualified under subsection (b) of this section.

    (b) The sheriff shall deny a permit to an applicant who:

    (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

    (2) Is under indictment or against whom a finding of probable cause exists for a felony.

    (3) Has been adjudicated guilty in any court of a felony, unless: (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or (ii) the person's firearms rights have been restored pursuant to G.S. 14‑415.4.

    (4) Is a fugitive from justice.

    (5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

    (6) Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

    (7) Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.

    (8) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3A, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑288.20A, 14‑318.2, 14‑415.21(b), 14‑415.26(d), or former G.S. 14‑277.3.

    (9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

    (10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

    (11) Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the application is submitted.

    (c) An applicant shall not be ineligible to receive a concealed carry permit under subdivision (6) of subsection (b) of this section because of involuntary commitment to mental health services if the individual's rights have been restored under G.S. 122C‑54.1. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997‑441, s. 4; 2007‑427, s. 5; 2008‑210, s. 3(b); 2009‑58, s. 1; 2010‑108, s. 5; 2011‑2, s. 1; 2011‑183, s. 16; 2012‑12, s. 2(bb).)
    noway2 likes this.
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  10. #10
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    According to your own post, your own attorney offered to work on an expungement. If you really want a Concealed Carry Permit, pony up some funds, and have your attorney work on that expungement.

    If you have been paying attention, you will note a common thread in all the well thought out responses to your inquiry: ATTORNEY.
    Last edited by high pockets; July 1st, 2013 at 12:02 PM.
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  11. #11
    Distinguished Member Array DontTreadOnI's Avatar
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    Lawyer up. We can't get it expunged for you.
    357and40, mook012 and chandlerusm like this.

  12. #12
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    Sorry to sound like a broken record, but as others have already said: LAWYER UP.

    BTW welcome to the forum.
    chandlerusm, 357and40 and mook012 like this.
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  13. #13
    VIP Member Array maxwell97's Avatar
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    Yes, talk to a lawyer. That's the only way to know for sure, and you definitely want to be sure - if you get denied a permit once it makes it much more difficult to get one later.

    If I were you I wouldn't worry too much in the meantime, though. If you didn't even have to show up at court, I'd be surprised if anything more than a petty misdemeanor resulted - judges tend to like it when the defendant shows up, if it's something they care about.
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  14. #14
    Distinguished Member Array Once's Avatar
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    + a bunch on the lawyer.

  15. #15
    Senior Member Array southernwi's Avatar
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    Quote Originally Posted by retsupt99 View Post
    You're wasting precious time asking on a forum...A T T O R N E Y.
    Actually, I don't think it was a waste of time to get that answer! I think that's the best (and probably only completely correct!) answer the OP would get on a forum!
    357and40 likes this.
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