Will i be denied??

Will i be denied??

This is a discussion on Will i be denied?? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; When i was 17 i got pulled over and got an underage drinking and driving and possession of cocaine which was a 5th degree drug ...

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Thread: Will i be denied??

  1. #1
    Member Array Chazeman2's Avatar
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    Will i be denied??

    When i was 17 i got pulled over and got an underage drinking and driving and possession of cocaine which was a 5th degree drug crime which was a felony. After be on a state of adjudication(probation) for 4 months i was let off of it early for not causing anymore trouble and my felony was wiped no my knowledge. I have had a clean record since.
    whats your opinion on if i will be denied?? my county is pretty good and most of what i have read people have been denied for violent crimes.

    thanks

    -chase


  2. #2
    Senior Member Array EvilMonk's Avatar
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    I'm not from your state, but most likely you will get your license. I'm no lawyer, but if you were a minor when you had your "indiscretions", then it should be a no-problem matter.

    At worst, I see you writing an explanation to some reviewing officer to explain the situation and the legal outcome like I did.

    My issue wasn't like yours, but the effect may be the same.

    Good luck!
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  3. #3
    Member Array I carry IWB's Avatar
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    Go to whichever courts you were tried and pay and request for any "certified copies of judgement" that might exist on your record - this might give you a clearer perspective as to what actually is on your record. You really need to know whether or not you are a felon. I don't imagine it matters whether or not your were a minor or not when you were caught with cocaine. If you were charged with a felony - a felony is a felony. But hey, I'm no lawyer either like the guy said above me. Go down to where you were tried and ask a lot of questions. You can't even own or buy a gun if you are a felon. To my knowledge, even though a felony charge was wiped clean off your record due to deffered adjudication (sp?) - the fact that you were initially charged with that crime alone is enough to get you a denial. I also think a DUI will prevent you from getting your CHL/CPL up to 5 years from arrest. At any rate, if you're serious about it get down there to the court and figure out what is up with your record - and read your state handgun law book. If I had to bet on it though - you're hosed.

  4. #4
    VIP Member Array jwhite75's Avatar
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    I am a Juvenile/Adult probation officer. If things are anything like they are in the majority of the rest of the country and you were adjudicated as a juvenile, you should have had your juvenile records sealed and should not affect your "adult" record. If you are clean from 18 on you should be good. Not a guarantee, but a good probability.
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  5. #5
    Senior Member Array dripster's Avatar
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    Any "sealed" record can be opened by any investigating agency. In Nassau County NY the Pistol license bureau of the Nassau County Police can open any sealed court record, youthful offender or adjudicated for the purpose of investigation into pistol license applications. Sealed records mainly apply to public background checks for employment.
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  6. #6
    Distinguished Member Array BlueNinjaGo's Avatar
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    Well when you buy a gun, do they not run a background check? If you were able to buy a gun, then I would assume you're not considered a felon.

    (I'm also not a lawyer)

  7. #7
    Senior Member Array 1911luver's Avatar
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    If I were you I would follow IcarryIWB's advice and go to the court that handled your case and get the judgment record. Also check your state's law on juvenile records/convictions and disclosure of facts. This means you must disclose if you have been arrested,charged or convicted of a felony EVER AT ANY TIME in your life,it doesn't matter if you were 17 or 70 at the time.

    If the gun licensing authority asks this question on the application you must answer it honestly or that is grounds for a denial. Now in your state they may want to only know of any arrests on an adult record,but I give you this advice as my former state of residence, Massachusetts asks these questions on their gun permit application and they do check for and hold juvenile record offenses against applicants. The police chiefs in MASS. have been known to deny people firearms owners ID cards and LTC's (thats what they call a CCW permit there) for being merely arrested as a juvenile. Other states like NY I believe follow this path as well.

    You need to be very careful about the "sealed record" thing because the thing is its only sealed from public view like employer background checks,not from law enforcement checks.
    If I were you I would call and speak with the licensing people before you apply and ask them what you asked us here and get their response. For the record I feel that if someone commits a non violent crime as a teenager they shouldn't pay for that the rest of their lives. I hope all goes well and you get your CCW.
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  8. #8
    Member Array Dakota97's Avatar
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    Quote Originally Posted by BlueNinjaGo View Post
    Well when you buy a gun, do they not run a background check? If you were able to buy a gun, then I would assume you're not considered a felon.

    (I'm also not a lawyer)
    But if someone buys from a FFL dealer, they will have to answer the question asking if they have been convicted as a felon. If the OP answers yes, the dealer will not even call in the background check. If the OP answers no then has commited a federal felony by lying on the NICS form.
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  9. #9
    Distinguished Member Array BlueNinjaGo's Avatar
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    Quote Originally Posted by Dakota97 View Post
    But if someone buys from a FFL dealer, they will have to answer the question asking if they have been convicted as a felon. If the OP answers yes, the dealer will not even call in the background check. If the OP answers no then has commited a federal felony by lying on the NICS form.
    Agreed. Maybe the TC can shed some light. But since he's not in jail for lying on the NICS form, it should say something. (Then again, do we know if the TC has bought a gun?)

  10. #10
    Member Array claybreaker0's Avatar
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    I too am not from your state. But I was in a very similar situation. When I was 20 I was arrested with multiple felonies for drug possession. I went through the Drug Court Probation program here, which was the best thing to happen to me in my life, changed my life tremendously. My record was fully expunged, I was granted my CWP.
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  11. #11
    Distinguished Member Array REVMAN's Avatar
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    I don't know about the juvenile part of it. But the post above (claybreaker0), being 20 years old I don't think you would have received your permit in SC. My understanding is if you have a felony or even 6 traffic stops within 5 years, it is denied in SC.
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  12. #12
    Senior Member Array justherenow's Avatar
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    In Ohio, even a drug charge as a minor prohibits your CHL, if I recall correctly.
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  13. #13
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    I suspect that you ARE going to have some difficulties getting a permit...I'm just sayin'...
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    Quote Originally Posted by claybreaker0 View Post
    I too am not from your state. But I was in a very similar situation. When I was 20 I was arrested with multiple felonies for drug possession. I went through the Drug Court Probation program here, which was the best thing to happen to me in my life, changed my life tremendously. My record was fully expunged, I was granted my CWP.

    WOW did I live a sheltered, fortunate life in my youth!!



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  15. #15
    VIP Member Array jwhite75's Avatar
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    Here it would be considered a Delinquency. Squelched at 18, never to see light of day. My first cousin committed Breaking and Entering, Vandalism, and Destruction of Property, all whilst a juvenile. He has now been a WV State Trooper for 5+ years and runner up for Trooper of the Year on 3 of those years. He did have some difficulties along the way getting in. However he is proof positive that those with a juvi record can accomplish something great. I agree with the others, check the court of jurisdiction and the prosecutor. They will be able to help you out.
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