Hello, I'm new here ao I apologize if this has been discussed but I was unable to locate a thread on it - anyway, I was wondering if anyone knows if having voluntarily been to treatment for alcoholism will prevent me from getting a concealed carry permit? I live in CO and have a clean record. Thanks!
Alcohol treatment and acquiring CC permit
- Thread starter SD27
- Start date
Treo
Bullet Proof
Colorado Statutes
Title 18. CRIMINAL CODE
Article 12. Offenses Relating to Firearms and Weapons
Part 2. PERMITS TO CARRY CONCEALED HANDGUNS
Current through 2012 First Extraordinary Session
§ 18-12-203. Criteria for obtaining a permit
(1) Beginning May 17, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who:
(a) Is a legal resident of the state of Colorado. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado.
(b) Is twenty-one years of age or older;
(c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or federal law;
(d) Has not been convicted of perjury under section 18-8-503, in relation to information provided or deliberately omitted on a permit application submitted pursuant to this part 2;
(e)(I) Does not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired.
(II) The prohibition specified in this paragraph (e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed pursuant to article 43 of title 12, C.R.S., and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years. (f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102(5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
(g) Is not subject to:
(I) A protection order issued pursuant to section 18-1-1001 or section 19-2-707, C.R.S., that is in effect at the time the application is submitted; or
(II) A permanent protection order issued pursuant to article 14 of title 13, C.R.S.; or
(III) A temporary protection order issued pursuant to article 14 of title 13, C.R.S., that is in effect at the time the application is submitted;
(h) Demonstrates competence with a handgun by submitting:
(I) Evidence of experience with a firearm through participation in organized shooting competitions or current military service;
(II) Evidence that, at the time the application is submitted, the applicant is a certified instructor;
(III) Proof of honorable discharge from a branch of the United States armed forces within the three years preceding submittal of the application;
(IV) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the application;
(V) A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the application; or
(VI) A training certificate from a handgun training class obtained within the ten years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor. In obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.
(2) Regardless of whether an applicant meets the criteria specified in subsection (1) of this section, if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.
(3)(a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.
(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.
(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.
Cite as C.R.S § 18-12-203
FWIW it took me less than five minutes on google to find that
Title 18. CRIMINAL CODE
Article 12. Offenses Relating to Firearms and Weapons
Part 2. PERMITS TO CARRY CONCEALED HANDGUNS
Current through 2012 First Extraordinary Session
§ 18-12-203. Criteria for obtaining a permit
(1) Beginning May 17, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who:
(a) Is a legal resident of the state of Colorado. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado.
(b) Is twenty-one years of age or older;
(c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or federal law;
(d) Has not been convicted of perjury under section 18-8-503, in relation to information provided or deliberately omitted on a permit application submitted pursuant to this part 2;
(e)(I) Does not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired.
(II) The prohibition specified in this paragraph (e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed pursuant to article 43 of title 12, C.R.S., and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years. (f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102(5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
(g) Is not subject to:
(I) A protection order issued pursuant to section 18-1-1001 or section 19-2-707, C.R.S., that is in effect at the time the application is submitted; or
(II) A permanent protection order issued pursuant to article 14 of title 13, C.R.S.; or
(III) A temporary protection order issued pursuant to article 14 of title 13, C.R.S., that is in effect at the time the application is submitted;
(h) Demonstrates competence with a handgun by submitting:
(I) Evidence of experience with a firearm through participation in organized shooting competitions or current military service;
(II) Evidence that, at the time the application is submitted, the applicant is a certified instructor;
(III) Proof of honorable discharge from a branch of the United States armed forces within the three years preceding submittal of the application;
(IV) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the application;
(V) A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the application; or
(VI) A training certificate from a handgun training class obtained within the ten years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor. In obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.
(2) Regardless of whether an applicant meets the criteria specified in subsection (1) of this section, if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.
(3)(a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.
(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.
(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.
Cite as C.R.S § 18-12-203
FWIW it took me less than five minutes on google to find that
tricolordad
Banned
It would also help if you'd tell us what state you're in.
Treo
Bullet Proof
Google CRS 18-12-203 through 18-12-207. you want to be familiar with all of them and it wouldn't help to have w orking knowledge of 18-1-704
Treo
Bullet Proof
He said he was in Colorado
tricolordad
Banned
Oh haha he did! Don't know how I missed that...
Hey SD: I would hope that your responsibility regarding your alcoholism and treatment for same provides the legal redemption you are asking for and seeking and it allows you to be approved for CC. I hope you do not have to come back to this forum for a "second chance' opinion on this issue. We are responsible for our actions and throwing away this opportunity, IMO, should void you from any further chance for a CC; the consequences are too great for you and the citizens of your state, whether it involves driving or being CC or both.
kelcarry - I agree with you 100%. It's not something that I take lightly and I do not in any way feel that I am entitled to the privilege of a CC. And if I am granted that right it is something for which I am prepared to accept extra responsibility since I have a potentially lethal defect. It is, however, an issue that I address on a daily basis and one that I am wholly committed to controlling by whatever resources are available to me. Thank you for your thoughts.
langston69
New member
SD, don't be so down on yourself. You've done nothing to disqualify you from legally owning a firearm or the ability to carry it! YOU ARE ENTITLED DAMNIT!! Our forefathers gave you that entitlement in the constitution. So you had a problem with alcohol. You recognized the problem and are working diligently (on your own accord) to fix it. Now if you had been ordered to some kind of treatment that would change the rules a little bit but definitely isn't a disqualification in most cases. Your record is clean and you are too! I think on most CWP applications it asks if you've ever been ordered to treatment and I would say you could honestly answer this "NO". Exercise your rights!! You're good.
mappow
New member
If you went for medical assistance and not mandated by a court order then you should be fine. Your personal medical information verses public is completely different. Check your State Laws concerning substance abuse and CC application. Should be pretty cut and dry.
gunshrink
New member
Not from Colorado but in MN if you do it on your own (not by order of the court) and are clear through treatment then it should not make any difference. Same with mental illness. Might depending on the locality in CO take getting a letter from your counselor but I have done that several times for people resulting in getting things done. BTW I am a state licensed mental health professional and chemical dependancy and a NRA instructor who trains about 200+ per year. Look at my screen name - one my hobby and one my profession. Good job on going in to treatment - some wait until it is too late. Good luck on your sobriety - May 22 I hit 30 years. Yes I have a CCW
Follow Up
SD, I know this is an older thread, but I was wondering how things turned out for you. Did you get your CCW and did you have any issues? Best of luck!
SD, I know this is an older thread, but I was wondering how things turned out for you. Did you get your CCW and did you have any issues? Best of luck!
