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April 18, 2009, 10:13 PM
Living in KY, I was convicted of robbery in 1997.The charge was a felony reduced to a misdemeanor with a sentence punishable with a year or more.I have not been in any trouble since can I still get my CCW?
April 18, 2009, 10:57 PM
Check out the Kentucky State Police (http://www.kentuckystatepolice.org/conceal.htm) page. Also, this (http://www.lrc.state.ky.us/KRS/237-00/110.PDF) or that (http://www.kentuckystatepolice.org/conceal.htm#faq) page.
Here is a excerpt from the KSP FAQs...
The reasons an application may be denied, or a license revoked or suspended, include the following:
* Conviction of a felony.
* Being under indictment for a felony.
* Conviction of Assault in the fourth degree within the past three years.
* Conviction of terroristic threatening in the third degree within the past three years.
* Conviction of a misdemeanor relating to a controlled substance within the past three years.
* Conviction of a misdemeanor crime of domestic violence.
* Being an unlawful user of, or being addicted to, any controlled substance.
* Conviction of two DUIs within the past three years.
* Commitment for alcohol or drug abuse within the past three years.
* Adjudication as an incompetent or having been involuntarily committed to a mental institution.
* An active emergency protective order or domestic violence order.
* Owing a child support arrearage which equals or exceeds the cumulative amount which would be owed after one (1) year of nonpayment.
* Failure to comply with any subpoena or warrant relating to child support or paternity proceedings.
* Being a fugitive from justice.
* Dishonorable discharge from the Armed Forces.
* A discrepancy concerning the age or training requirements.
* Being ineligible to purchase, receive or possess a firearm, ammunition or both under state or federal law.
Note - While some disqualifiers listed above have a three-year limitation, other disqualifiers, such as conviction of a felony or misdemeanor crime of domestic violence, do not have a time limitation.
Sounds to me like you would only be disqualified if you were convicted of a felony, but I'm sure there will be some KY experts along any moment to give you the definitive answer. Or you could just call the KSP and ask.
April 19, 2009, 12:33 AM
(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who –
(1) [B]Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[18 U.S.C. 922(g) and (n), 27 CFR 478.32]
The charge was a felony reduced to a misdemeanor with a sentence punishable with a year or more.
It would appear, based on your statement, that you aren't allowed to own a firearm, according to federal law.
April 19, 2009, 06:56 AM
We must separate "charged" from "convicted". The original charge may have been for a felony, but what was the final conviction. If the conviction was felony robbery with a reduced sentence, then you may be screwed. If the actual conviction was for a misdomenor, then you should be okay. Take a look at your court documents from your conviction. You may end up needing a lawer with a specialty in criminal law, due to operating in a potentially grey area of law. I wish I could help people in that situation, but I'm not a lawyer.
Someone can do something stupid when they are young and dumb, pay the price for it, never commit another crime, and decades later still be living as a second class citizen.
April 19, 2009, 07:14 AM
apply for the permit. KY will let you know.
I would have bet you good money I could not get a permit in my state because of close to the same reasons.... I was wrong.
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