Application Denied...


mrt202

New member
So, i have a valid cwp from SC. I figured it would be no sweat to get a non resident cwp from NH. Wrong! Turns out i have a simple posession charge on my record from several years ago that i had forgotten about. How embarrassing! Can someone tell me if this will prevent me from getting a non res. cwp from Fla.? Is there anywhere that it wouldn't be a deal breaker? Thanks!
 

Yeah Our state is hard on that they do not let people with any kind of drug stuff on record get a Permit.

For FL

Possible Reasons for Ineligibility:

The physical inability to handle a firearm safely.
A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
A conviction for a misdemeanor crime of violence in the last three years.
A conviction for violation of controlled substance laws or multiple arrests for such offenses.
A record of drug or alcohol abuse.
Two or more DUI convictions within the previous three years.
Being committed to a mental institution or adjudged incompetent or mentally defective.
Failing to provide proof of proficiency with a firearm.
Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
Renouncement of U.S. citizenship.
A dishonorable discharge from the armed forces.
Being a fugitive from justice.


So that looks like a No on that one as well but I'm sure other people who live in FL with jump in and tell you for sure yes or no. Was this your first time? Did it happen in SC? Or did you just move to the state? If it happend in SC and it was your first time you can try this under SC law. If it was Pot we are talking about.

SIMPLE POSSESSION OF MARIJUANA – First Offense

Pursuant to South Carolina Code of Laws § 44-53-450(b), any person, not over the age of twenty-five, who has been sentenced to a "Conditional Discharge" for their first offense of simple possession of marijuana, may, upon completion of the sentencing requirements, apply to the court for an order to expunge from all official records all information relating to his arrest, indictment, trial, finding of guilty, and dismissal and discharge pursuant to this section. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
 

mrt202

New member
Yes, it was a first offense, for pot, in SC. And it was before i got my cwp here. It seems like if SC would still issue a permit, that it would be good enough to qualify for others. It is a misdemeanor, after all. Really no more serious than a speeding ticket. Until this.:nono:
 
But in the Eyes of the Law and states it's a huge deal. speeding ticket is one thing but drugs are a whole new ball game. As long as thats on your record i would say you have no hope of getting a permit in NH. As for other states most are more strict when it comes to permits then NH. Every state has some kind of drug thing on the permit application some are more layed back about it and look at your record as a whole. Others see that and just stamp it NO. I would try other states some states will look over it and just look at the rest of your record for things like, speeding tickets and other things. But keep in mind if you have alot on your record other then the pot bust most will say no.
 

mrt202

New member
It's a shame that they make it so difficult to stay on the right side of the law.
The only places i ever go where there is no reciprocity with SC is Ga. and Alabama. As i understand it, in Ga. i can carry my loaded pistol in plain view in a car/truck, but i commonly travel by motorcycle. That opens up a can of worms.
In Ga. i know i'm supposed to keep it in a saddlebag or the like. In Alabama, apparently it's not legal to keep a loaded gun in/on a vehicle at all.
Either way, i'm likely to have a (loaded, obviously) pistol in my pocket when i'm on my bike, as their is no use in having a pistol that is unloaded or inaccessible.
Hopefully there will never be a reason to test their laws, but i will break a law to protect myself and others from real criminals!
 

johnsonabq

New member
So, i have a valid cwp from SC. I figured it would be no sweat to get a non resident cwp from NH. Wrong! Turns out i have a simple posession charge on my record from several years ago that i had forgotten about. How embarrassing! Can someone tell me if this will prevent me from getting a non res. cwp from Fla.? Is there anywhere that it wouldn't be a deal breaker? Thanks!

I'm confused. Was it a possession charge? Or a possession conviction? Which means an appearance before a judge and a determination of guilt. There's a big difference.

OK, I've got the Florida app in front of me and reading it. I see where it says...

During the three years preceding the date of this application, have you been:
a. Committed for the abuse of controlled substances, or been found guilty or convicted of a crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state, or had multiple arrests for such offenses within the past five years with the most recent arrest occurring within the past year?​

Of course I'm no lawyer and anybody let me know if you disagree but it sounds to me that if your "incident" happened more than three years ago, your good.

Yes? No?
 
W

wolfhunter

Guest
Yeah Our state is hard on that they do not let people with any kind of drug stuff on record get a Permit.

For FL

Possible Reasons for Ineligibility:

The physical inability to handle a firearm safely.
A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
A conviction for a misdemeanor crime of violence in the last three years.
A conviction for violation of controlled substance laws or multiple arrests for such offenses.
A record of drug or alcohol abuse.
Two or more DUI convictions within the previous three years.
Being committed to a mental institution or adjudged incompetent or mentally defective.
Failing to provide proof of proficiency with a firearm.
Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
Renouncement of U.S. citizenship.
A dishonorable discharge from the armed forces.
Being a fugitive from justice.

The above was a quote from the summary, the statute states in part:
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant: ~~~
(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; ~~~

So it may be possible to get your FL non-res CCW.
 

LVLouisCyphre

Obama is a mack daddy!
You can forget CT and possibly ME as well. UT is may issue for drug offenses. I wouldn't bother taking a UT certified CFP class or applying for UT until you have talked to UT BCI to determine your eligibility. If you can get it expunged that may be your only option. Any drug offense can hurt you severely in many States.
 

johnsonabq

New member
UT is may issue for drug offenses.

I thought a state was Shall or May period. No background stipulations to change this. If you meet the requirements then you get a permit. UT app only asks...
Have you ever been convicted of the unlawful use of narcotics or other controlled substances?​

The only reference to being arrested is...

Have you ever been arrested for any offense involving domestic violence?​

I still don't know if the OP is referring to an arrest or conviction. I think this is an important distinction.
 

Cautious_Mike

New member
Yes, it was a first offense, for pot, in SC. And it was before i got my cwp here. It seems like if SC would still issue a permit, that it would be good enough to qualify for others. It is a misdemeanor, after all. Really no more serious than a speeding ticket. Until this.:nono:
The laws the states have on Concealed Carry appear not to have rhyme or reason. Missouri will issue if you a misdemeanor conviction, controlled substance, that is older than 5 years. Wyoming is one state that does not honor Missouri, curious about this I wrote the Wyoming Attorney General’s office inquiring why Missouri was not a recognized since their law stated they would recognize any valid out of state CCW and this seemed contradictory. Got a nice reply, simply stating that Missouri would issue to a person with a misdemeanor controlled substance conviction, Wyoming would not, therefore not recognize Missouri. Now if I understand you SC will issue under those circumstances and Wyoming does in fact recognize SC CCW permits. What sense does that make? ? Is it possible to get your record expunged, were you under 18 at the time?:wacko:
 

LVLouisCyphre

Obama is a mack daddy!
I thought a state was Shall or May period. No background stipulations to change this. If you meet the requirements then you get a permit. UT app only asks...
Have you ever been convicted of the unlawful use of narcotics or other controlled substances?​

The only reference to being arrested is...

Have you ever been arrested for any offense involving domestic violence?​

I still don't know if the OP is referring to an arrest or conviction. I think this is an important distinction.

Yes, and the 4473 also asks you if you meet the requirements to legally purchase firearms under the GCA of 1968. FFLs are instructed not to transfer the firearm if any prohibiting question has a yes answer regardless of the results of the NICS check.

A State is shall issue if you meet their statutory issuance requirements for issuance. If you do not, they can either deny or the application becomes may issue depending on the State. If you have controlled substance convictions, I strongly recommend you contact Utah BCI and discuss what you need to do to be issued their CFP. Controlled substance convictions are one of those denial hot potatoes in many States.

If you do not meet the requirements set forth under UCA 53-3-704 it's at the descretion of UT BCI if you meet the "good character" requirement for a Utah CFP.
 

johnsonabq

New member
...A State is shall issue if you meet their statutory issuance requirements for issuance. If you do not, they can either deny or the application becomes may issue depending on the State...

If you do not meet the requirements set forth under UCA 53-3-704 it's at the descretion of UT BCI if you meet the "good character" requirement for a Utah CFP.

OK, I see the distinction.

I'm applying to Utah for non resident and I have a 1996 arrest for pot possession. I was never booked, cited, fingerprinted, or even in the police car. But apparently it is on the books as an arrest. No conviction. I don't see this as not meeting their statutory issuance requirements for issuance.
 

LVLouisCyphre

Obama is a mack daddy!
I'm applying to Utah for non resident and I have a 1996 arrest for pot possession. I was never booked, cited, fingerprinted, or even in the police car. But apparently it is on the books as an arrest. No conviction. I don't see this as not meeting their statutory issuance requirements for issuance.
Arrests typically do not count against you. I would get the final disposition documents pertaining to the arrest before applying. If you don't, they may kick it back asking for them. This is common if you have a blemish on your record that has arrests but no convictions. The issuing agency asks for this to verify that it indeed was just an arrest and not a conviction.
 

ipchay61

New member
What made you choose New Hampshire?

I'm guessing it's because NH has reciprocity with Ga. and Alabama while SC doesn't. I'll be going through my training class and testing this Saturday and will also be sending an application to NH after I receive my SC CWP.
 

johnsonabq

New member
I'm guessing it's because NH has reciprocity with Ga. and Alabama while SC doesn't. I'll be going through my training class and testing this Saturday and will also be sending an application to NH after I receive my SC CWP.

Well my first thought was that Florida was closer and included more states but then I did my homework using the resources here. The non resident NH is only $20 and will be issued or denied in two weeks. Now I see. :laugh:

Personally, I'm adding Utah to my New Mexico permit in order to get the most states covered.
 

mrt202

New member
Well my first thought was that Florida was closer and included more states but then I did my homework using the resources here. The non resident NH is only $20 and will be issued or denied in two weeks. Now I see. :laugh:

Personally, I'm adding Utah to my New Mexico permit in order to get the most states covered.

All of that. I read about it in Grassroots a couple months back.
I just would like to be covered in Georgia and Alabama because i have family there and i carry when i'm traveling, especially since i have to meet the ex in Atlanta for visitation with my minor children.
 

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