Question about being able to purchase a gun or get a CWP with misdemeanors

[Clemson89]

I went through a period of bad behavior from my senior year of high school through my junior year of college and got a few misdemeanors, the last of which occurred over 4 years ago. I'll break them down at the bottom, but my main concern is I have had multiple underage drinking tickets and the "habitual drunkard" provision of Federal Law. I ran a SLED background check with my social and name and nothing showed up, even though a few of these resulted in convictions. I called SLED and the lady could not give me an answer either way.

Here is a summary

April 2008-MIP and Open Container-Ticketed-Did Alcohol Education Program(apparently I didn't learn a lot)

February 2009-Driving Left of Center, MIP, Simple Possession of Marijuana-Ticketed-Did pretrial intervention for the MIP and Marijuana charge, pled not guilty to driving left of center as my truck could not phyiscally fit inside the line on the back street written on the ticket. Cop said he meant to write it for a different road, judge said guilty and lectured me on unsafe tires before giving me the maximum fine(like that was gonna help me get new tires, tread was fine but as a lifted K5 with bias plys, it had death wobble at ~35mph).

October 2009-MIP-Ticketed-Plead Guilty-paid a fine and lost my licence for 4 months(was in a dorm room when ticketed, not driving)

2010-2011-3 noise ordinance violation tickets in my name as I was a resident of the Fraternity House

March 2011-DUI and Open Container-Booked-Reduced to Reckless Driving and Disorderly Conduct at pretrial hearing as there were some discrepancies between the report and video(officer claimed I admitted to taking xanax, I told him I was prescribed but had not taken any that day)-plead guilty to the reduced charges

I was also ticketed for reckless driving in NC July 2013 after a single vehicle accident, I hydroplaned on 26, totaled the work truck I was driving, when the officer arrived he asked me the speed I was going, I could only remember I was going with traffic and told him 70 because I thought that was the speed limit, it was actually 55, I thought I had passed the 55 section. He dropped the ticket right before court as it was single vehicle with no injuries or witness other than myself.

I know all of the behavior was stupid, but other than the DUI most of it was harmless to anyone except me, and I no longer use marijuana nor have for a long time. Not that this is relevant to the FBI/SLED but neither of the open containers were opened by me, nor was I driving in the first incident. It has also been over 4 years since the last violation of any type that wasn't dropped before trial(the last reckless driving). I was only booked for the DUI, the others were all summons. When I ran a SLED check(using my name and social, not fingerprints) on myself nothing showed up, even the convictions. I'm not interested in perjuring myself so I'm not going to lie if asked about any.

Even though none of these by them self should prevent me from being able to legally own a gun or get a CWP, does the combined weight of them all make it impossible? Do they consider time since the last violation?

 

[NavyLCDR]

This is where your big problem is going to be:

SECTION 23-31-215. Issuance of permits.
(B) Upon submission of the items required by subsection (A), SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED also must conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, may submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. If the fingerprint review and background check are favorable, SLED must issue the permit.

I have read posts before from people who have been denied a CWP for no other reason than the sheriff recommended denying the permit due to circumstances exactly like yours.

Since there is no Federal law prohibiting possession of a firearm by a "habitual drunkard" (as there is in South Carolina state law) - and since South Carolina only uses the FBI NICS checks for purchases of firearms, you likely would pass the NICS the check to purchase a firearm.

Regarding obtaining a CWP permit, I would not be surprised if the Sheriff recommended denial based upon the "habitual drunkard" provision of South Carolina state law with the added convictions/tickets for reckless behavior.

Pretty much, though, before you can do anything about it you have to have a denial - you can't fight a denial that hasn't happened yet. Just be sure to answer every question on every application/form honestly - and you might have to seek an attorney's advice as to what is considered the right answer to some questions. If you are found to have lied on an application/form then your appeal to a denial is almost guaranteed to be denied as well.

 

[Clemson89]

IIRC the form in SC now only asks for addresses. I recently moved back to my home county, all but the first incident happened in another. I believe they just ask for addresses in the last 3 years on the form, so 3 years after I have moved away I wouldn't be required to disclose the old address. They use the background check to check for criminal history instead of asking you to list any offenses. That also puts more time between the bad behavior and the application. The Sheriff in my current county would be the one signing off, but he may do a local check with the other departments in the areas I have lived previously. It would probably be a good idea to wait at least a year so there is a full 5 years since the last conviction. I turned my life around a few years back, and the last thing I want to do is run afoul of anything again.

If it doesn't show up on a SLED check would it show up on the FBI check? I was only actually booked and fingerprinted once(the DUI reduced to reckless driving), and I was told there was no record of the tickets in the system for at least the first offenses by my AEP administrator, she checked for me before I payed to get them expunged. I would think the FBI would get their info from SLED, but I don't know how that works. I guess I could always get my own background with fingerprints from the FBI to see what shows up.

 

[NavyLCDR]

If it doesn't show up on a SLED check would it show up on the FBI check?

As far as the form 4473, NICS check and purchasing a firearm, it really doesn't matter if it shows up on the FBI check because the conviction is not disqualifying to purchase a firearm unless it is a felony, domestic violence, or a state misdemeanor that carries a maximum sentence of more than 2 years. Read the form 4473 questions AND the instructions:

https://www.atf.gov/file/61446/download

Notice that question 11e asks about CURRENT illegal use or addiction to drugs, not past. The drug/alcohol convictions could be prohibiting due to the length of their maximum sentences, however.

This is the applicable question and certification on the South Carolina CWP application:

Link Removed

Are you allowed by all applicable federal/state laws and court orders to possess a handgun? [yes/no]

CERTIFICATION OF INFORMATION BY APPLICANT:
 I am eligible for a South Carolina Concealed Weapon Permit pursuant to Sections 23-31-210/215 of the S.C. Code of Laws.
 I am not prohibited from possessing a handgun pursuant to Section 922, Title 18, United States Code.
 I will notify SLED immediately if I become prohibited by federal/state laws or court orders from possessing a handgun.
 I acknowledge false information may cause denial of my application and subject me to any applicable criminal penalties.
 My signature certifies I have reviewed the entire application and all information on it is true and correct.

That question and those certifications seem to be what I would be concerned about.

 

[Clemson89]

I appreciate the answers, the maximum penalty for the offenses I was convicted of is 30 days in jail(MIP and Disorderly Conduct), Reckless driving is points of licence and a fine, no jail time. Even the marijuana charge, which I was not convicted of, is up to a year, so it doesn't meet the definition of potentially exceeding a year. I have not been a user of any controlled substance that was not prescribed to me(I take an adderall xr every morning, but I was diagnosed by a psychiatrist with ADHD, and have a prescription) for years so I could answer all of those honestly. The address thing is kind of strange, because while the statute requires you to give all addresses within the last 3 years, there is no place on the form for more than one address. At this point I'm probably going to consult an attorney before I do anything, as you suggested earlier.

 

[Mark Lea]

I'm not convinced you need a CWP. Perhaps you should mature for another few years dude. We've all made mistakes, maybe, but yours are pretty fresh!