28 yrs ago I did something stupid,I was 19 at the time,was convicted of a non violent felony in Alaska. I was given a suspended imposition of sentence ( sis) and was told as long as I stay out of trouble it would be set aside in 3 yrs,well I stayed out of trouble since then,applied for a cpl in Washington state where I live now in 2009 and after the background check came back was issued a cpl,went to buy a pistol and was denied by nics,I had to leave and go back to work so I did not file for a appeal.called the court where I was convicted and had them send me the paperwork that says it was set aside,side note,when you buy a pistol on the form I think it is example 11 it states that if you had a felony conviction set aside to answer NO to a felony,now 2 months ago I went to buy another pistol,sent the paperwork in electronically and after it tried 23 times the clerk says it will come back as a hold,but then on the 25 try it came back as a proceed,so my question is,on the Utah form,do I answer NO to a felony? If I say yes I feel it would be an automatic denial,what say all you gurus on this forum,go easy on my,I know I was stupid when I was 19, but weren't we all to some degree. Thanks
Question on getting Utah non- res ccw
- Thread starter Scvette
- Start date
i would call utah CBI (801-965-4445 ) and explain it to them, i called and asked about a dwi i had over 24 years ago and they were very helpful ,they said it wouldnt be a problem ,but when i took the course they made me answer "yes" and attach a short letter explaining it was 24 yrs ago and that i had previously called them and they said it wouldnt be a problem. ( i think an alcohol offense has to be 6 years behind you) im waiting on my permit now took the course about a month ago . Link Removed
Why not apply for a Washington permit instead of Utah. Any reasons?
Thanks for the reply,can you give anymore details as to why you think it would be ok,I'm not trying to be a smart azz,but if you have some knowlage that others don't I'd like to here it. Do you have a Utah permit? I'll call the Utah DPS and get a confirmation before I send in my app.
I do have a Utah non res permit. Many many years ago I had to get a expungement for some weed that was found on me. The ticket cost me $68.00 big ones, it was the first time I ever messed up but I needed this expungement to buy a firearm. This expungement would take the misdemeanor off my record, but if I ever get popped with weed ever again this misdemeanor, the first one get's put right back on my record. So as of now my background check shows that I have no misdemeanors. When I fill out paper work that involves firearms I check NO to any convictions, felony or misdemeanor. My Lawyer went over all this stuff with me when I bought my first handgun, it's all legal. Imposition of Sentence & Expungement are not the same but close. I'm no LAWYER and not claiming to be one, but look into this Expungement. If your buying firearms as of 2012 your background check must look pretty good.
Craigzy1
New member
I have a non-res Utah CCP and I certainly do not have a sparkling clean background. No felonies, but a couple DUI's and a couple of assault charges. The DUI's are from 1993, one was PBJ and the other was NG. My assault charges are more recent, one was NG and the other was Nol prossed, so I have never been convicted of any of these, but was still arrested and charged. I too behaved stupidly at some points in my life. I have taken the time to have anything that I could find on my record expunged a few years ago. I have been told that the expungements will still show up on the FBI background checks, but I have still been able to get my Utah and Maryland CCP and also purchase 2 handguns in the past 5 months. My advice would be to have these charges expunged ASAP and to just be honest on the application. Give detailed explanations for any yes answers to the questions that should be answered no(if you know what I mean). I have heard different opinions on this , but that problem from 28 years ago might not even be a factor in their decision. It is hard to say because it was a felony conviction. All you can do is try.
wolf_fire
New member
There has been only one response that I would agree to concerning your question. Contact the Utah Depart of Public Safety... more explicitly:
Bureau of Criminal Identification
3888 West 5400 South
Salt Lake City, Utah 84129
Telephone: 801-965-4445
Explain your situation and find out from them what you should or should not do.
Hope things work out for you.
I just wrote them and they clarified 4 years. IF you answer yes, write them a short note. They did not recommend answering no. To be 100% sure call them, they are very approachable.
What the wrote me back >>>>
"A DUI from 1987 (unless it was a felony) could not be deniable. We deny for Class B misdemeanors for 4 years from the end of probation. (DUIs are typically Class B Misdemeanors.)
If you mark "Yes" please attach a brief note explaining the incident."
Can't help you with the Utah permit much, but be sure to keep your Washington CPL as well. As a Washington resident, it is the only one valid in Washington state for you, RCW 9.41.073.
At the Federal level, in the US Attorneys Manual regarding restoration of your rights, this might help:
Criminal Resource Manual 1435 Post-Conviction Restoration of Civil Rights
"In United States v. Ramos, 961 F.2d 1003, 1009 (1st Cir.), cert. denied, ___U.S.___, 113 S. Ct. 364 (1992), the court held that the term "restored" in § 921(a)(20) requires the State to make an "individualized official judgment" that the defendant should be excepted from the prohibitions of § 922(g)(1). The Criminal Division takes the position that where State law contains any provision purporting to restore civil rights -- either upon application by the defendant or automatically upon the completion of a sentence -- it should be given effect. It is not necessary that the State issue an individualized certificate reflecting the judgment of State officials regarding an individual defendant."
At the Federal level, in the US Attorneys Manual regarding restoration of your rights, this might help:
Criminal Resource Manual 1435 Post-Conviction Restoration of Civil Rights
"In United States v. Ramos, 961 F.2d 1003, 1009 (1st Cir.), cert. denied, ___U.S.___, 113 S. Ct. 364 (1992), the court held that the term "restored" in § 921(a)(20) requires the State to make an "individualized official judgment" that the defendant should be excepted from the prohibitions of § 922(g)(1). The Criminal Division takes the position that where State law contains any provision purporting to restore civil rights -- either upon application by the defendant or automatically upon the completion of a sentence -- it should be given effect. It is not necessary that the State issue an individualized certificate reflecting the judgment of State officials regarding an individual defendant."
Seeya
New member
You need a UPIN Unique Personal Idenity Number
This will help in the future.
http://www.usacarry.com/forums/gene...0328-unique-personal-identiy-number-upin.html
This will help in the future.
http://www.usacarry.com/forums/gene...0328-unique-personal-identiy-number-upin.html
rbrtpierce64
New member
Where do you sign up to take a non resident Utah course? What are the requirements? I live in indiana
wolf_fire
New member
I agree with the last poster, check on an Internet search for firearms instructors. Another option is check the local sporting clubs and ranges. A lot of time they offer non-resident courses for UT, AZ, FL, etc. for both members and non-members of their club.
When I took mine, I did a search on the Internet and found a local constable who ran the course out of his home. He also did the fingerprinting for free.
