Concealed Carry and foreign criminal record

L

Luke Hordyk

New member
I have recently moved to the wonderful state of North Carolina, I am looking into getting my concealed carry permit. However, I have come across a bit of a dilemma. A few years back I was charged and plead guilty to owning a butterfly knife, 2 knuckle blades, and 3 throwing stars in the strict country of Canada. Will this prevent me from getting my permit? I have no history of violence, assault, or any other form of criminal activity. Just happened to have bought some knives when living in Tennessee and then moved to Canada for work.
Thanks,
Luke
 
Good question! I'm not a lawyer but I don't think it should but if I were you I would check with a lawyer just to be sure so you don't waste time & money trying to get a ccp just to find out you can't.
 
That's a good question that I've never heard asked before. I don't think you should have an issue. Are you a natural born us citizen? I wouldn't think CHL background checks would dig into foreign history unless you were a fairly recent naturalized citizen. And even then, it sounds expensive and unlikely for something like a CHL. If you were applying for say a government security clearance then that would probably come up, but as for a CHL, I doubt it. As long as you're not a fugitive or I think you're probably fine but a good lawyer should be able to confirm. Were your charges felonies up there?
 
As capable as the US is dealing with anything foreign, like credit checks or employment histories, I very much doubt that this will come up. What was the charge, exactly? A misdemeanor, a felony?
 
I am an American born a broad. My mom had me while in Canada, she was from Jersey. Yes I am an American citizen. In Canada the charges were considered a felony. And as to what exactly happened.. I was living in TN for a while, and moved to Canada for a bit of time (ended up going for schooling), while in Canada I was moving to a new place of residency, when I got pulled over be the police for doing 8 mph over the speed limit. No offense to anyone, but I do not trust law men, so I did not wind down my window completely. They illegally searched my vehicle on suspicion of not winding my window down, to finding nothing, but my knife collection that I was transporting to my new residency. Also in the vehicle I had a box of 22. caliber long rifle ammunition legally purchased, legally owned. In court I fought the illegal search, to no regard, the judge wanted to make an example of me, which he also stated in his final statement. The ending charges consisted of ownership of prohibited device of: 1 account butterfly knife, 2 account of knuckle blade, 3 account of shirkin, and laugh as I know you all will(because I did after) 1 account of improper transportation of ammunition. in other words the ammunition was not in a lockable container during transportation.
 
Here in Indiana... on the application I filled out, I was asked if I had ever been charged with or convicted of any felony. Another question asked if I was ever charged with or convicted of any misdemeanor. If yes was the answer to either question, there was a space to explain yourself.

If you answer no to these questions, when you know better, you are guilty of perjury, a felony. SO, BE CAREFUL how you answer these questions....
 
Almost_Blameless said:
Here in Indiana... on the application I filled out, I was asked if I had ever been charged with or convicted of any felony. Another question asked if I was ever charged with or convicted of any misdemeanor. If yes was the answer to either question, there was a space to explain yourself.

If you answer no to these questions, when you know better, you are guilty of perjury, a felony. SO, BE CAREFUL how you answer these questions....
Click to expand...

The Question reads felony or other crime for which the maximum sentence is greater than one year. That's implied in my view as "in the US" else you could lose your rights for taking a sip of water outside during Ramadan in Kuwait or wearing a cross necklace in China... Clearly not in the spirit of the law.
 
Almost_Blameless said:
Here in Indiana... on the application I filled out, I was asked if I had ever been charged with or convicted of any felony. Another question asked if I was ever charged with or convicted of any misdemeanor. If yes was the answer to either question, there was a space to explain yourself.

If you answer no to these questions, when you know better, you are guilty of perjury, a felony. SO, BE CAREFUL how you answer these questions....
Click to expand...

The Question reads felony or other crime for which the maximum sentence is greater than one year. That's implied in my view as "in the US" else you could lose your rights for taking a sip of water outside during Ramadan in Kuwait or wearing a cross necklace in China... Clearly not in the spirit of the law.
 
DeKul34:
I didn't remember the part about time served....BUT...

Was Luke's situation one where the courts suspended sentence because Luke agreed to plead guilty? I still would question Luke, did the charges carry a POSSIBILITY of jail time greater than one year? Did Luke have a sentence of greater than one year jail time suspended because he agreed to plead guilty?

If this is the case, Luke still might want to talk with a lawyer....maybe even a local 'legal clinic' where it won't cost but a few bucks to get an answer.

If there was NO jail time mentioned, referred to, or deferred in court, I would personally believe there would be no problem with applying for a CCL, but I'm not a lawyer, just a worrisome type. (I do have a hard time grasping a 'felony' charge of any type that didn't carry a jail time penalty)

I see the biggest problem being the way that law enforcement might look at answering this question the wrong way....if LE sees this as 'false statement' criteria, Luke could lose the right to get his CCL ... so, I still will urge caution...

Either way Luke, good luck, and let us know what happens....
 
I shall attempt at getting one, and so be it they don't let me obtain one, it is only $80.. I shall just make sure I am honest and see where it goes. Thanks guys for the suggestions. :)
Luke
 
In Canada a lot of things are felony charges...
for example we were traveling to Alaska on the Alaska marine ferry system...A U.S. Govt owned ship and the captain had had a DUI in hi past. He made no attempt to leave the vessel and go through customs but the CMP did come on board and arrest the "felon"...they always get their man! The captain was detained for several hours and we were delayed from getting underway. there was no attempt of the captain whatsoever to enter canada...and the CMP storming a US flagged ship was also quite wrong. The whole thing went away and the captain was returned. Apparently a DUI is a felony in Canada...
 
festus said:
In Canada a lot of things are felony charges...
for example we were traveling to Alaska on the Alaska marine ferry system...A U.S. Govt owned ship and the captain had had a DUI in hi past. He made no attempt to leave the vessel and go through customs but the CMP did come on board and arrest the "felon"...they always get their man! The captain was detained for several hours and we were delayed from getting underway. there was no attempt of the captain whatsoever to enter canada...and the CMP storming a US flagged ship was also quite wrong. The whole thing went away and the captain was returned. Apparently a DUI is a felony in Canada...
Click to expand...

If the ferry entered Canadian territorial waters, he's in Canada. CMP had every right to come aboard if that was the case. Just because a ship is flagged in a foreign county doesn't make it sovereign territory. It's just registered in that country. That's like saying a driver with Oregon plates can't get pulled over in Washington. Registration has no effect on jurisdiction.
 
You have not entered Canada until you go through a boarder check point and or customs
 
festus said:
You have not entered Canada until you go through a boarder check point and or customs
Click to expand...

So you're saying Canadian law doesn't apply in Canadian territorial waters? I could hop in a canoe, paddle across the border, and murder somebody in my canoe 20 ft. from the shore and get away scott free? Since I haven't gone through customs, I'm not in Canada so they don't have jurisdiction? Just because you don't make landfall doesn't mean you're not in Canada. I'm a private pilot and have flown to and from Alaska several times, crossing over Canada to get there. Don't land, don't get a passport stamp, and yet I'm still in Canadian airspace and under their jurisdiction and must follow their laws.
 
Seek counsel, so you don't commit any felonies on U.S. soil. Is it really worth becoming a felon in the U.S.?
 
Some states do a limited foreign background check through Interpol. It could pop on that background check.
 
Luke,

I am very much interested in finding out what you learn on this in case you go to a lawyer. Please post a follow up if you do find out the information. Thanks.
 
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