Legal issues w/ concealed carry application

Legal issues w/ concealed carry application

This is a discussion on Legal issues w/ concealed carry application within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; first off, hey all! new here me and my wife were discussing getting our ccw permits w/ my mom (who will also be getting one ...

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Thread: Legal issues w/ concealed carry application

  1. #1
    New Member Array username2008's Avatar
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    Legal issues w/ concealed carry application

    first off, hey all! new here

    me and my wife were discussing getting our ccw permits w/ my mom (who will also be getting one now btw) the other day during a little family get together. anyway, my brother overheard this and decided he wanted one as well.

    there's a few probs with this.. he just finished a felony diversion program a few yrs ago. apparently, he has been able to purchase 3 rifles within the last yr or so. he said everytime he was placed on a 5 day hold for his nics check, but was allowed to purchase. Im pretty sure that the bg check form asks if a person has ever been convicted of a felony .

    so my question is.. is it really legal for him to own a firearm? and if so, would it then also be legal for him to get a ccw?

    anyway, if he's trying to get his life together, more power to him. but ive been avoiding em the last few days because I dont want to jeopardize my good name by being around in case its not legal.. guess im just paranoid like that


  2. #2
    Senior Member Array Natureboypkr's Avatar
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    By being around him will not hold you back from getting your ccw. As far as him getting a ccw his record might throw up red flags.
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    I am Not A Lawyer...NOT Legal Advice.

    Was he actually convicted of a felony in Kentucky?
    If so then it sure does not look like he can get a Concealed Carry License.

    Kentucky State Police Information Page - Click Here.

    He might have slipped through the NIC but, he may not even be allowed to own his rifles.

    Also see below.
    If he was convicted of a felony where the punishment could have been one year or more in prison then he cannot own or possess a firearm at all.

    Felony Convictions

    If you have been convicted of a crime punishable by imprisonment for a term exceeding one year, i.e., a felony, you are not only ineligible to possess a CCDW license; federal law prohibits you from possessing a firearm.
    Individuals subject to this disability should immediately lawfully dispose of their firearms and ammunition.
    The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that individuals who have been convicted of a felony surrender their firearms and ammunition to a third party, such as their attorney, local police agency, or a federal firearms dealer.
    The continued possession of firearms or ammunition by persons under this disability is a violation of federal law and may subject the possessor to criminal penalties as well as seizure and forfeiture of the firearms and ammunition.

  4. #4
    VIP Member Array Janq's Avatar
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    Just curious what is a 'felony diversion program'?

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

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    Just my best guess that he may have been able to avoid a Felony conviction by entering into a diversion program.

    My only real rock solid advice to him would be to tell the truth on his permit application because it sure is a felony if you lie on your permit app.
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    Member Array riverkeeper's Avatar
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    This sounds like a spoof and stupid but it is the truth .. most of you know that many perps are short on logic genes.

    Last summer just before my case was to start a perp got sentenced to 5 to 10 (I recall) for ARMED robbery. The judge asked if he had any questions.

    Perp said '' How long does it take for me to get a gun permit AFTER I get out ?" Judge was flabbergasted and didn't know what to say, shrugged and looked around for help.

    Prosecuter stayed cool and said "You will need to make a special handgun application due to this conviction and you should expect it to be viewed with some skeptism."

    The crowd giggled as the dazed doofus was led away.
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  7. #7
    New Member Array username2008's Avatar
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    for janq: found this while trying to see what exactly that program is

    533.258 Effects of successful completion of pretrial diversion agreement.

    (1) If the defendant successfully completes the provisions of the pretrial
    diversion agreement, the charges against the defendant shall be
    listed as "dismissed-diverted" and shall not constitute a criminal
    conviction.

    (2) The defendant shall not be required to list this disposition on any
    application for employment, licensure, or otherwise unless
    required to do so by federal law.

    (3) Pretrial diversion records shall not be introduced as evidence in
    any court in a civil, criminal, or other matter without consent
    of the defendant.

    for qk: according to that info, he may be legit, as it doesn't constitute a conviction I see them all the time in the paper where they give out diversions like candy around here.

    for river: i would think most of em are short on logic genes, otherwise they'd have never been in the mess in the first place.

  8. #8
    VIP Member Array AZ Husker's Avatar
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    Simply, a diversion program reduces a felony to a misdemeanor upon completion of the court orders.

  9. #9
    New Member Array username2008's Avatar
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    sounds alot like a free pass to me , guess thats why i see so many in the paper all the time.. everyone thinks they can get away with whatever w/ this i guess.. but that's an argument for another time

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Janq View Post
    Just curious what is a 'felony diversion program'?
    Lifting weights in the yard ... chatting up methods of hauling kilo bags of whatever ... faking one's identity. All are common and popular diversions for felons.

    My favorite is: being armed against and successfully repelling inbound, violent, felonious attack. Now, that's felony diversion. May they ever be diverted that-a-way, in just that way if they require.

    Seriously, though, he might well be perfectly legally able to acquire and own long arms, but not handguns. Uncertain of the laws where he resides.
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  11. #11
    VIP Member Array SIGguy229's Avatar
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    Since this is a family member and not some guy off the street, I would probably question his maturity and recommend he get his life back on track...

    I also question his ability to make good decisions and keep emotions under control.....with a firearm.

    If he's legally allowed to own a firearm, there isn't much you can do except be an example to follow.
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  12. #12
    VIP Member Array Sticks's Avatar
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    I presume your brother had or has a lawyer. He should contact him/her to find out if he is eligible for the permit.

    Not sure how the policy is where you live, but in most places the issuing authority has personal discretion in issue or not. READ - Qualifies under the state guidelines, but past history may give the issuer the heebie geebies, and deny, then you go to an appeal in front of a judge.
    Sticks

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    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  13. #13
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by username2008 View Post
    first off, hey all! new here

    me and my wife were discussing getting our ccw permits w/ my mom (who will also be getting one now btw) the other day during a little family get together. anyway, my brother overheard this and decided he wanted one as well.

    there's a few probs with this.. he just finished a felony diversion program a few yrs ago. apparently, he has been able to purchase 3 rifles within the last yr or so. he said everytime he was placed on a 5 day hold for his nics check, but was allowed to purchase. Im pretty sure that the bg check form asks if a person has ever been convicted of a felony .

    so my question is.. is it really legal for him to own a firearm? and if so, would it then also be legal for him to get a ccw?

    anyway, if he's trying to get his life together, more power to him. but ive been avoiding em the last few days because I dont want to jeopardize my good name by being around in case its not legal.. guess im just paranoid like that

    If the FFL was allowed to transfer the weapons to him, its a good guess that he is able to own weapons.

    However, carry permits are likely to be a different matter.

    The program he is in may have saved him from a conviction, but in applying for a permit he will have to disclose his record, and the state will do a database check on him for convictions AND arrests.

    He can expect an investigator to find his program's record, get the case file of the original arrest and talk to the officers involved.

    His best bet to get a carry permit is to keep his life on the straight & narrow for at least 5 to 10 year AFTER HE COMPLETES HIS SENTANCE.

    If he has 10 years of probation, he needs to complete the probation then keep clean after that.

    That means no arrests and only an occasional ticket for minor stuff like a brake light out with the car properly registered, insured and no contraband in the car.

    After his sentence is complete, and the time set by state law has passed he should apply for a pardon.

    Depending on what he did, and what he did after his probation ended, getting a pardon may be hard or easy.

    If he has gotten his life on track, has not been arrested since this incident, gone to school or been working full time and generally been a model of what 'corrections' is supposed to do, it can happen.

    It is not easy. It is not supposed to be easy.

    If he gets a pardon, the issuing authority will be made aware of that, and I'd say anyone who went the whole road to get a pardon, and actually got one, is not going to have a problem getting a permit.

    If he finished his probation and is able to buy firearms, he aught to look into the pardon.

    Is it cheap? No.

    Would it be worth it for him? Hell yes.

  14. #14
    VIP Member Array SIGguy229's Avatar
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    From Post #7:
    533.258 Effects of successful completion of pretrial diversion agreement.

    (1) If the defendant successfully completes the provisions of the pretrial
    diversion agreement, the charges against the defendant shall be
    listed as "dismissed-diverted" and shall not constitute a criminal
    conviction.

    (2) The defendant shall not be required to list this disposition on any
    application for employment, licensure, or otherwise unless
    required to do so by federal law.
    According to information provided by the OP, his brother is not required to provide information about the diversion program. However, I would recommend consulting a lawyer.
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  15. #15
    Member Array Hubs's Avatar
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    In SC, receiving a CWP is highly dependent on the previous 5 years of application. Automobile violations, restraining orders, assaults, and etc. will figure prominently, as well as mental. The leo's are looking at how "responsible" one is.

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