Law Enforcement and CC License Expiration

This is a discussion on Law Enforcement and CC License Expiration within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This is similar to another thread here, but not the same and I didn't want to pirate anyone's thread. So... Should there be a grace ...

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Thread: Law Enforcement and CC License Expiration

  1. #1
    Senior Member Array Scot Van's Avatar
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    Law Enforcement and CC License Expiration

    This is similar to another thread here, but not the same and I didn't want to pirate anyone's thread. So...

    Should there be a grace period that would allow a person with an expired permit to continue to carry until new, updated documentation arrived? It would involve more details, but I think that could happen in a situation where someone is pulled over and carrying with an expired CC permit. This would prevent anyone from having to go unarmed. I think Thumper mentioned sending his renewal in on the first legal day to do it and still cut it close. What gives with the delay?!!

    Perhps a police officer might only give you a ticket for a court date knowing that, with documentation showing date of actual renewal and your NEW, VALID license in hand, a judge will dismiss. Still, it would be frustrating to have to take the day of work to go show the judge your note from Uncle Sam.

    I dunno'. Any L.E. going to get in on this one? What would you do if you learned somebody was carrying with an expired permit, assuming it were within a reasonable grace period? What would your fellow cops do?
    A man in the hands of his enemies is flesh, and shudderingly vulnerable. - author unknown

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  3. #2
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    I cant speak for all LEO's, but as long as you had some sort of documentation that you took the steps you have to take to renew, I'd leave it alone provided it was a recent expire.
    "Just blame Sixto"

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    VIP Member Array Supertac45's Avatar
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    The state would have to change their law since a expired license is the same as no license. Michigan changed their's awhile back to let you continue to carry as long as you turned in the renewal prior to expiration is my understanding and have the appropriate receipt.
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    It's my understanding that there is no "Grace Period" in PA concerning concealed carry on an expired.

    any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

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    VIP Member Array cphilip's Avatar
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    In South Carolina (and this is just my interpretation of what I read) you must send in your renewal application BEFORE the date on the Permit expires....

    RENEWAL APPLICATION

    Permits, and the authority under this program to carry a concealed firearm, expire on the expiration date printed on the face of the permit. It is the responsibility of each permittee to ensure that application for renewal is received by SLED prior to the date of expiration. Permittees who fail to apply for renewal, prior to the expiration date of their permit, might be required to repeat the minimum 8-hour required training, as defined in South Carolina Code Section 23-31-210.



    However... that said... the renewal is an "application" there is nothing implied that it is simply a renewal. It is a complete process of re-application with a few minor exceptions. Those being that retraining is not required. However all other things are repeated including the background checks. So there is no assumption it will be renewed just because you applied to do so. Its my interpretation that if you have not received notice that it has been renewed by the time that date on the Permit expires at midnight that night then you DO NOT have a valid permit. Even if you can prove that you sent in the application. Because, there is always a chance it will be denied. And it clearly says it expires then.

    Here is some case law that is related to this particular incident (in a round a bought way)...

    http://www.scalc.net/decisions.aspx?id=1639&q=4

    So in short, In South Carolina, it expires when it says. And unless you have either an new one in your hand (or a letter from SLED saying it has been renewed).... it is no good. A proof of mailing the renewal application, or even proof or them having received the renewal application is not valid proof that is has been extended nor re-approved.

    I rest my case.... as far as SC goes... and no... I am not a lawyer...

  7. #6
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    Arkansas provides a 6 month period in which to renew before you must retake the class over.

    They do send out a notice from the AR. State Police that says you have X amount of days till your license expires...90 days I think.

    With that being said, I don't know of anyone around here getting harassed about it. I've seen a total of 2 expired licenses and noted it to the owners, and I ended up requalifying both of them just because they weren't sure of who to contact. I suppose it could happen depending on where you are at though.Personally I cant see getting too exited about it...as long as its fairly recent expiration. I don't think carrying on a permit that has been expired for a over 6 months or a few years is going is a smart thing to do and it will probably get one in trouble.

    If you do let your permit expire and renew it within the 6 month period, you will have to pay a 15.00 late fee though.
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    Senior Member Array Scot Van's Avatar
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    Sheriff Chimes In

    Well, I talked w/ our local sheriff...he says that if he knew you were legal yesterday or the day before and you're just waiting for the new one to arrive, he'd let it slide with a warning. He also said that he'd pull me over six months later just to check.
    A man in the hands of his enemies is flesh, and shudderingly vulnerable. - author unknown

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    The law is the law and you can only count on it being enforced. Where I live, when your ticket expires, it expires! No grace period or extensions.

    Where an officer has discression, it is his/hers to exercise or not, so it really depends on you encountering the right one on his/her good day! Most of the LEO's I've worked with in the past including myself would just give you a warning but I knew a few who just were not nice people.
    ALWAYS carry! - NEVER tell!

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    Distinguished Member Array Stetson's Avatar
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    Maine you can continue to carry under your old permit as that 's good until
    your new permit arrives.There is no specific number of days.I think my renewal
    permit took 69 days.

  11. #10
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    As QK mentioned VALID is name of the game for PA.

    My renewal early this year I did well in advance of expiration - to play safe!
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    VIP Member Array cphilip's Avatar
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    Imagine what would happen if you lived in a state like mine and yours had expired and you HAD to use your gun in self defense in that period? I don't wanna be in that situation. No sense leaving an I not dotted and a T not crossed then.

  13. #12
    Senior Member Array Scot Van's Avatar
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    Quote Originally Posted by cphilip View Post
    Imagine what would happen if you lived in a state like mine and yours had expired and you HAD to use your gun in self defense in that period? I don't wanna be in that situation. No sense leaving an I not dotted and a T not crossed then.

    THAT is an incredibly important point. I hadn't thought of that.
    A man in the hands of his enemies is flesh, and shudderingly vulnerable. - author unknown

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