CWP with criminal record in south carolina question

[jrf231]

CCW with criminal backround in South Carolina
Hello Forum.

I have a question about purchasing a handgun in South Carolina and obtaining a CCP if you have a criminal record.

A little back round:

Was arrested in 1996 with a concealed weapon and disorderly conduct spent the night in jail and was find $760.00 for the weapons charge and $304.00 for the disorderly conduct charge. Paid the bond and forfeited the weapon and was placed in PTI, after completion of PTI the weapons charge was expunged.

The disorderly is the only offense on my South Carolina SLED record and the with the county sheriffs office were the incident took place.

My question is can I purchase a handgun from a dealer and if the background check for the gun is approved and I purchase the gun will I have a problem getting a CWP??????

From what I have read in the South Carolina laws the weapons charge is a class c misdemeanor, but I understand that I have to disclose that charge on the CWP application even though it was expunged.

Common sense seems to be if I purchase a gun from a dealer and pass the back round check and get the gun that I should not have a problem with the CWP.....

Any comments...

thanks for your time.

 

[tcox4freedom]

South Carolina Legislature Online - Code of Laws Title 16 Chapter 23 Offenses Involving Weapons

SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(3) "Crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.

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[jrf231]

So if I am reading below correct , then i should be ok with purchasing a handgun and be able to get a CWP after passing the course since my bond was less than $1000.00 and the jail time was less than 1 year???????

By the way I went to the gun store and purchased a handgun with no problems at lunch, so does that mean i should not have a problem getting the permit since the background check for the purchase came back ok?????????????

I.
Offenses Involving Weapons

CARRYING CONCEALED WEAPONS

Unclassified Misdemeanor

Code §16-23-460
CDR Code 43

Elements Of The Offense:

1.

That the accused did carry on his person a concealed, deadly weapon.

2.

That the weapon was such as is usually used to inflict personal injury.

Note:

This section does not apply to persons carrying concealed weapons in compliance with the "Law Abiding Citizens Self-Defense Act of 1996." (S.C. Code Ann. §23-31-205 et.seq.); or peace officers in the discharge of their duties.

This section does not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

Penalty:

Fine of not more than $500 nor less than $200, or imprisonment for not more than 90 days nor less than 30 days. Also, the concealed weapon must be forfeited to the county (or city).

CARRYING A HANDGUN

Class C Misdemeanor

Code §16-23-20
CDR Code 44

Elements Of The Offense:

1.

That the accused did carry a handgun about his person and that the accused was not:


a.

on duty as a law enforcement officer of any governmental level.


b.

a member of the Armed Forces, National, or State militia.


c.

Target shooting or gun collecting as a member of a club.


d.

Hunting or fishing with a license in a licensed area.


e.

A person engaged in the business of manufacturing, repairing, or dealing in firearms or his agent, during the usual course of business.


f.

A guard authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States


g.

A member of an authorized military or civil organization in an authorized parade or assembly, or going to or returning from such meeting.


h.

A person in his home or upon his real property or a person who has the permission of the owner in legal control of the home or real property


i.

A person in a vehicle where the handgun is secured in a closed glove compartment or closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a drivers license, registration, or proof of insurance.


j.

A person carrying an unloaded handgun in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving his residence or changing or moving his fixed place of business;


k.

A prison guard performing official duties.


l.

A person granted a SLED permit to carry a handgun.


m.

The owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to §16-23-465, while at the place of business; however, the employee must exercise this privilege only after acquiring 1) a permit pursuant to item "l" above and 2) obtaining the permission of the owner or person in legal control or legal possession of the premises.


n.

A person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits to item "l" above.


o.

A person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.


p.

Any person on a motorcycle when a handgun is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.

Note:

A handgun is about the person if it is readily accessible and convenient for immediate use. It does not have to be touching the person. Special attention should be given to paragraph "i" of this section which stipulates that the proper place to carry a pistol in a vehicle is in a closed glove compartment or trunk. See §16-23-465 for penalties for carrying a pistol or firearm into a business selling alcoholic liquors, beers, or wines for on the premises consumption.

Penalty:

Fine of not more than $1,000 or imprisonment for not more than 1 year, or both.

See Section 16-23-50 (A)(2).

 

[mappow]

Talk to a lawyer or throw the dice. Heck, better yet call SLED. You'll have to declare your arrests and convictions on app. It'll be up to SLED to issue or not.

 

[HoJo]

There is one sure way to find out.

 

[tcox4freedom]

If you legally purchased a handgun from a dealer today and they ran a check through SLED, I really don't see a problem with you getting a CWP. There is however, one thing that will slam the door shut on a CWP; not disclosing the details of any arrest or convictions. This doesn't mean it couldn't be appealed and a CWP issued. But, it makes things a lot more problematic if you are suspected of trying to with hold any legal troubles. So, even though your handgun purchase was approved, you still need to have full-disclosure on your CWP application.

Your instructor should be able to walk you through everything you need to know.


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[jrf231]

Thanks for all the information.

I did call SLED this afternoon and the nice lady told she had no idea....she was not sure who SLED pulled there information from for the CWP permit.

When i go thru my class i will disclose everything, would be stupid to give/withhold information from SLED or any agency...To me that would be a irresponsible gun owner.

 

[tcox4freedom]

Sorry, I forgot to say "Welcome and I hope you stick around on the forum."

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[jrf231]

Update!!!!!

I received the CCW Application from my instructor this morning and no where does it ask for criminal information.

This ia a revised application from 3/4/2014, the older form does ask for any prior criminal records.

New application: Link Removed

Old application: www.sled.sc.gov/documents/CWPPermit.doc

Just thought you may like to know

thanks

 

[FN1910]

I thought I had heard that they no longer ask for arrest information on the application as it was actually redundant. They are going to pull your records and they will have a much better record than your memory. At one time you were supposed to list even traffic fines and later allowed you to just say I have been stopped for speeding etc. If all you have is a disorderly conduct charge you should be good to go. Purchasing a handgun is no indicator of getting a CWP or not as SLED will deny for things such as reckless driving charges or multiple speeding tickets in the recent few years.

Good luck and hang around here to get "edumacated" about guns and everything else.

Update!!!!!

I received the CCW Application from my instructor this morning and no where does it ask for criminal information.

This ia a revised application from 3/4/2014, the older form does ask for any prior criminal records.

New application: Link Removed

Old application: www.sled.sc.gov/documents/CWPPermit.doc

Just thought you may like to know

thanks

 

[NavyLCDR]

she was not sure who SLED pulled there information from for the CWP permit.

What a total BS answer. It doesn't matter who they get their information from. What matters is whether the charge, fine, PTI, and maximum sentence are disqualifying or not. I don't see anything that would indicate they are disqualifying. It's like the woman at SLED was saying, "Well, if we don't find out about it then you are OK."

--Sarcasm on---

But heck, at least all this is in place to ensure that we don't have criminals runnig around with guns....

--Sarcasm off--

 

[jrf231]

Update.

I took my CWP class this past weekend, passed with a 98/100, discussed this issue with my instructor and he seems to think that since I did purchase a gun (legally thru a gun store and passed back ground check) that I should not have any issues.

I will be mailing my paperwork of tomorrow and will wait and see in the next 90-110 days to see if they will issue a permit.

I will follow up when I hear back from SLED.

Thanks again for all the input/advice.

 

[jrf231]

New update:
I received my CWP today. I mailed it on 8/12 and it was exactly 33 days from the day I mailed it
That's really quick for South Carolina.
Thanks again for everyone's input and for this forum.