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Old April 18, 2009, 10:13 PM   #1
Kimber45
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Join Date: April 18, 2009
Posts: 2
CCW

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?
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Old April 18, 2009, 10:57 PM   #2
OnTheFly
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Join Date: January 9, 2007
Location: SE Nebraska
Posts: 750
Kimber45,

Check out the Kentucky State Police page. Also, this or that page.

Here is a excerpt from the KSP FAQs...

Quote:
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.

Fly
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Old April 19, 2009, 12:33 AM   #3
Don H
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Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,705
Quote:
(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) 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]
http://www.atf.gov/firearms/faq/faq2.htm#b5

You said:
Quote:
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.
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Old April 19, 2009, 06:56 AM   #4
apr1775
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Join Date: May 3, 2007
Location: Virginia
Posts: 420
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.
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Old April 19, 2009, 07:14 AM   #5
blume357
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Join Date: August 2, 2005
Location: Greenville, SC
Posts: 3,943
There's one sure way to find out.....

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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