Denied CCW

[danr8283]

I was denied my CCW because I answered no to the question about illegal possession conviction. It was 43 years ago, in 1973. I honestly don't remember it. (its been 43 years). Anyway it was obviously a misdemeanor, meaning it was a joint or at least a small amount of marijuana. My question is if I would have answered correctly and said yes would I have been denied? and now that i've been denied do I have any course of action to be able to get a CCW

 

[XD40scinNC]

And you live where?

 

[AmericanHero!]

That happened to me when I applied for my CCP also. I live in Virginia and it was denied because of a misdemeanor possession of marijuana charge from 17 years ago at that time. I filed for an ore tenus hearing and went before a judge. When I was called in court I went before the judge and she stated that my application was denied because of a marijuana charge. I said "from 17 years ago your honor". She literally laughed, made me raise my right hand and swear that I was not addicted to marijuana and not a drug dealer. The whole thing took less than 90 seconds and I was approved for my permit. That was a little over 10 years ago.

Edit: I did mention the charge on my initial application. I didn't think it would be an issue as I hadn't received even a speed ticket in those 17 years.

 

[danr8283]

Sorry, should have mentioned. I live in Ohio

 

[danr8283]

Sounds good. I will look into ore tenus and keep posted

 

[rt48]

When you signed your CHL application, you attested that you had read the Attorney General's CCW manual. When you read "In addition, you must not have been convicted, pleaded guilty, or been adjudicated as delinquent in connection with a crime that involves the illegal use, sale, possession, administration, distribution, or trafficking of a drug of abuse." in the manual, it didn't ring any bells?

Ironically, if you had gotten that conviction sealed prior to your application, you probably would have gotten your CHL.

There is a minimum time period before a denied person can try to reapply but I don't remember what that time period is.

 

[SR9]

Most states allow for an appeal to denials. Might need a lawyer, if you think it would help and you're willing to spend the bucks.