Buddy needs help.

[Gundog2013]

I have a friend who wants to get a Concealed License. The problem is, he has a felony record. He has got his rights back to own guns, but is unsure about whether or not he can get a concealed license. All rules and regulations disqualify him from getting a permit, but nothing is stated about if you got rights back.

 

[NavyLCDR]

I have a friend who wants to get a Concealed License. The problem is, he has a felony record. He has got his rights back to own guns, but is unsure about whether or not he can get a concealed license. All rules and regulations disqualify him from getting a permit, but nothing is stated about if you got rights back.

And nobody can offer anything at all unless we know what state permit "your friend" is trying to apply for.

 

[CarryInNewYork]

He has a felony record, obtained his firearm rights back. If he can own firearms again, I dont see what would prevent him from getting the carry permit?
I would think the felony thing would the problem to legally own them again.

 

[NavyLCDR]

He has a felony record, obtained his firearm rights back. If he can own firearms again, I dont see what would prevent him from getting the carry permit?
I would think the felony thing would the problem to legally own them again.

Because possessing a firearm is entirely different than carrying that firearm concealed. The state can deny a concealed permit for any reason they want to. Some states deny permits for 5 years after misdemeanors (I think Texas).

 

[zeebea]

How did he "get his Rights back"? As far as I know if you get a felony after 10 years you can get long guns...not high capacity but no handguns. In MA anyway. But if you get a Governors Pardon or get the courts to expunge it you can buy receive transport and sell firearms. I had a felony conviction when I was 17 for receiving stolen property valued over $100.00. I bought a radar detector from a friend who stole it. He is now retired from the Sheriffs Dept. A pardon will restore your rights unrestricted but if he was convicted of a violent crime it may be a hard sell. What state? What did he do? It took me about two years to get it and a lot of letter writing and string pulling. Biggest thing is to not lie on the 4473 form. I put what I did and attach all pertinent paperwork with renewals I also copy word for word from my fist permit application so there is no chance of forgetting something.

 

[CarryInNewYork]

Because possessing a firearm is entirely different than carrying that firearm concealed. The state can deny a concealed permit for any reason they want to. Some states deny permits for 5 years after misdemeanors (I think Texas).

That would make sense.

 

[BC1]

Because possessing a firearm is entirely different than carrying that firearm concealed. The state can deny a concealed permit for any reason they want to. Some states deny permits for 5 years after misdemeanors (I think Texas).

Not entirely true. In NYS they cannot deny a permit for an reason they want. A denial can't be arbitrary or capricious. They must provide the reason in writing and it must be based on some condition. For people with a criminal past the letter usually says "temperament not suitable for handgun possession." In NY a felon may get his rights back for certain long guns but he'll never get a CCW permit.

 

[Gundog2013]

The offense was in South Dakota but lives in Idaho.

 

[NavyLCDR]

Not entirely true. In NYS they cannot deny a permit for an reason they want.

Yes, BC1, we know what a wonderful place NYS is for concealed carry. What I meant was that the state legislature can write into the statutes just about any reason for denial of a concealed permit they want to (except race, religion or gender). The legislature of a state could write into the statute that anyone wearing an orange shirt would be denied a permit.

 

[NavyLCDR]

The offense was in South Dakota but lives in Idaho.

Might want to ask someone like this:
Firearm Offenses | Criminal Attorney Boise,IDCriminal Attorney Boise,ID

Would probably be worth it before paying for the training and fee for the permit that your friend would lose if they were denied.

 

[Gundog2013]

Thanks Guys.

 

[Fireshot]

He needs to ask the issuing authority if he qualifies for carry permit. If he doesn't, ask what is needed to qualify if possible.

 

[Stengun]

Howdy

How did he "get his Rights back"? As far as I know if you get a felony after 10 years you can get long guns...not high capacity but no handguns. .

This isn't true in states like Arkansas or Texas.

In Texas, if you are convicted of a felony it's for life unless you have a lot of money and are politically connected, then you can "buy" your pardon from the Gov'r.

In Arkansas, if you pled guilty to a felony and you are a first time offender you get get it exsponged after you complete your probation/parole IF it's part of your plea agreement, which isn't legal in the state of Arkansas.

In both cases you lose your firearms rights and your voting rights.

Paul

 

[BC1]

Yes, BC1, we know what a wonderful place NYS is for concealed carry. What I meant was that the state legislature can write into the statutes just about any reason for denial of a concealed permit they want to (except race, religion or gender). The legislature of a state could write into the statute that anyone wearing an orange shirt would be denied a permit.

Name one reason for a denial to support your position. Name an actual case. You can't. And if you can't you shouldn't respond generically.
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Any state legislature can write a law banning carry. Just look at NJ. It doesn't matter much anyway. Gun bans are coming in the next few generations. Our youth has already been indoctrinated and with the constant publicity surrounding gun crime and especially school shootings, society will eventually end gun rights. And you know who's fault it will be? Gun owners. because these guns didn't magically appear in the hands of criminals and mental defects. They started out legal and the legal owner did not protect his gun.
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I won't keep arguing the NY thing with you. I don't want to OC, I want to CC. I can get up, put the gun on my hip and go about my day everywhere unmolested. And for those who think carry permits aren't issued I just returned from training my cousin who got his unrestricted CCW permit last week. 40 miles from NYC with no restrictions on carry other than school property.

 

[NavyLCDR]

Name one reason for a denial to support your position. Name an actual case. You can't.

Really? Your own state of New York, BC1. A person of age 18 to 20 years old fully qualified under Federal law to carry a concealed pistol cannot due so in New York because the state won't issue a permit to them unless they are military or LEO.

Illinois, until just in the last year, didn't specify any reasons for banning carry by Joe Civilian, they just did across the board.

I don't understand why you have such a problem with my statement that a state can restrict carrying a firearm for almost any reason the legislature wants to put in the law, unless you just enjoy being a jerk.

 

[alternety]

Let me summarize/simplify:

Laws regarding the ownership, transportation, concealed carry, open carry, and the effect of criminal (and mental) records, the number of rounds in the magazine, etc., ARE ALL DEPENDENT, AND VARY, BY STATE AND/OR LOCAL AUTHORITY.

WHY IS THIS HARD TO UNDERSTAND?

 

[JimTh]

Has he made application for a conceal carry permit? If not he should do so and answer the questions truthfully. The reasons for granting or denying a permit vary from state to state. In Virginia a felon that has had his or her firearm rights restored by the Circuit Court can easily obtain a conceal carry permit from the same court. The Governor in Virginia restores civil rights but not firearm rights. That is a decision left to the courts. Virginia is a shall issue state therefore a request for a conceal carry permit is a routine matter as long as you don't have other dis-qualifiers. The original felony is not a dis qualifier because the courts restored the firearm rights.

An earlier post made a statement about restoring rights to long guns. Under federal law if you have only been given permission by the state to possess long guns, then Federal law still views the person as being prohibited from possessing any gun, even long guns. This is why anyone wanting to have firearm rights restored needs to make certain that any firearm lawful to own, purchase, possess, transport, or transfer in your state are all restored. A partial restoration is as good as no restoration and federal prohibitions still apply.

 

[NavyLCDR]

Has he made application for a conceal carry permit? If not he should do so and answer the questions truthfully.

Why waste his money on applying if the state law says he will be denied? The applicant is applying in Idaho with a felony from South Dakota. That's a pretty complicated issue. I see this as going several ways:

1. He pays for the training/applies for the permit and gets it. Win, win and no problem.

2. He pays for the training/applies for the permit and gets denied. Now what is he going to do? Just count that money lost and take the state's (or sheriff's) word for it that he was legitimately denied? Or is he going to hire a lawyer to figure out if the denial was legit or not?

3. He pays (or maybe gets for free) a lawyer's opinion who says he will be denied. Now what does he do? Does he believe the lawyer or does he pay his money for the training and for the permit? If he gets denied he had a lawyer tell him he would and the state did. Well....at least he can be very certain the denial was legit.

4. He pays (or maybe gets for free) a lawyer's opinion who says he will get the permit. He pays for the training and the permit and gets it. He wasted the money on the lawyer.

5. He pays (or maybe gets for free) a lawyer's opinion who says he will get the permit. He pays for the training and the permit and gets denied. Well, now he can go back to the lawyer and ask WTH? At least the lawyer will already be familiar with his case.

6. He asks the issuing authority first and they tell him it will be granted. Win. Hopefully they were right.

7. He asks the issuing authority and they tell him he will be denied. What's he going to do? Just believe them?

 

[zeebea]

Again...how did he get his rights back?

Sent from my SM-N900V using USA Carry mobile app

 

[BC1]

Really? Your own state of New York, BC1. A person of age 18 to 20 years old fully qualified under Federal law to carry a concealed pistol cannot due so in New York because the state won't issue a permit to them unless they are military or LEO.

Illinois, until just in the last year, didn't specify any reasons for banning carry by Joe Civilian, they just did across the board.

I don't understand why you have such a problem with my statement that a state can restrict carrying a firearm for almost any reason the legislature wants to put in the law, unless you just enjoy being a jerk.

I thoroughly enjoy being a jerk. Just ask my wife. :biggrin:
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But your still 100% dead wrong on NYS. Any state can (and many eventually will) impose strict gun laws. It's coming because legally owned guns still seem to wind their way to the hands of pond scum with frightening regularity. It isn't me having an anti-gun view. It's evident that society will eventually do something, anything, even the wrong thing, to combat gun violence, because we, the gun owners, aren't doing anything to stop it. It's up to us. If we don't do it the liberals will. If gun owners don't smarten-up they're gonna lose their rights. The left has already indoctrinated a new generation of future voters. Social re-engineering has already begun. Just pick up a history book.
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Many states won't license someone under 21. I believe there are 14 states where one must be 21. That's not a NY thing. Hell, why not 13 years old? Why not 10? The second amendment doesn't allow for restrictions on gun rights for children.