CCW disqualifying

[Mike38]

Quick question on CCW. Is there a list on the internet of convictions that would disqualify a person from getting a CCW permit? I understand, absolutely no felonies, but what misdemeanors would disqualify a person? Thanks.

[musher]

Check the web site for the state that issues the permit. It would be a matter of state law.

[Powderman]

First, the absolutes.

ANY conviction for Domestic Violence, no matter how slight, will bar you from owning a firearm or ammunition forever.

ANY conviction for Assault, no matter how slight, will do the same thing.

Now, the variables...

In some States, conviction as a possessor of illegal drugs will do it.
Same with the crimes of stalking, harassment, and in some cases criminal trespass.

Your best bet? Call your local prosecutor's office, and ask them directly.

[oldkim]

Here's a 2 minutes search on google:

http://www.ehow.com/how_2061096_get-...ed-weapon.html

http://www.isp.state.il.us/foid/firearmsfaq.cfm

Can a person who has been convicted of a felony in the state of Illinois ever be eligible for a FOID card?
Applicants who have been convicted of a felony are ineligible to receive a FOID card. However, an appeal procedure is available in accordance with 430 ILCS 65/10. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.
Is a person who has been convicted of domestic battery/ domestic violence eligible for a FOID card?
According to Federal and State laws, anyone who has been convicted of domestic battery/ domestic violence is ineligible to possess a FOID card. This prohibition also applies to police officers and those in the military. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.
If a person is subject to an active Order of Protection, are they eligible for a FOID card?
According to Federal and State laws, anyone who is subject to an active Order of Protection may be ineligible to possess a FOID card. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.

[AcridSaint]

I don't think he's asking about an FOID. Since you don't have CCW in IL, you're going to have to research each of the non-resident permits available to you to see if they allow or disallow your convictions. Every state lists their disqualifying conditions, some may list actual crimes, others may list classes of crimes.

[ipscchef]

Actualy, Powderman, I have afriend in Md.which is NOT a gun friendly state, who does have a conviction on Domestic abuse, albeit a minor one, and he IS allowed to own his guns and IS allowed to buy ammo. I will say that his daughter stabbed his mother and he hit her and hurt her wrist getting the Phillips screwdriver out of her hand, but he was convicted of child abuse for doing so. Go Figure. I'd have shot the little -----.Sorry Mods

[Rufus T Firefly]

Some states may have a clause that any conviction where you might be sentenced to more than 1 year in jail could disqualify you. Our state has some disdemeanors that are 1 year and some are 1 year and 1 day. Good luck. Basically you should just apply. You most likely with have an appeal clause if you run into a problem.

[atlctyslkr]

Move to a state that is easy like Florida. If it is something you did years ago they may not find it.

[wally626]

Here is a list from the VA code. As you can see lots of the extra restrictions are for minor drug offenses, but many have time limitations. Some weird limitations, conviction for stalking is a lifetime ban but assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm is only a three year ban. You will really need to check the laws of the state who want a permit from as the rules get pretty specific and are not very general state to state.

§18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
....

E. The following persons shall be deemed disqualified from obtaining a permit:

---mental illness items removed---

5. An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing or transporting a firearm.

6. An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section. See 18.2-308.2 at bottom

7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.

8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

...

11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.

12. An individual who is a fugitive from justice.

13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.

14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.

15. An individual who has been convicted of stalking.

16. An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."

17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.

18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.

19. An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or of a criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.

20. An individual, not otherwise ineligible pursuant to this section, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or upon a charge of illegal possession or distribution of marijuana or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.

F. The making of a materially false statement in an application under this section shall constitute perjury, punishable as provided in § 18.2-434.

§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.

A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms.

C. Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been granted a permit pursuant to this subsection.

C1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.

D. For the purpose of this section:

"Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.

"Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.

(1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108; 1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949; 1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc. 429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236; 2010, c. 781.)

[Iron Deacon]

In Texas, Class A and B misdemeanors get your licence pulled for 5 years - nearly universally. Domestic violence - even just the mere charge - pulls the plug (real nice thing that "innocent until proven guilty" principle is upheld so well in this case). Some misdemeanors can pull it for longer.

Just went through the class a couple of weeks ago. I was amazed that for pretty much anything over and above a traffic ticket, my CHL is in severe jeopardy.

[Mike38]

My problem is a 22 year old class A misdemeanor obstructing a police officer, I lied to a cop. The CCW class is to obtain a permit valid in 32 states, but of course not my home state of Illinois. Using Florida and Utah as my main references, (because the course focuses on those two states) it looks like a non violent class A misdemeanor that is more then 8 years old will not cause problems. But I’m still leery. The class instructor couldn’t really answer me. He sounds like he doesn’t really know for sure. I’d hate to have to pay $175 for the class, and $70 for the permit, only to be rejected. Thanks for the replies.

[boredom]

have you asked a local LEO?

[big_bad_kitty]

Mike38 PM sent to answer your question. Don't ask LEO!! They struggle to know their own state laws much less Utah!! I know, I used to be one! No offense meant but fact is fact and they concentrate on their own jurisdiction. Ask them and they will tell you that if they are honest.

[Technosavant]

Originally Posted by Powderman

ANY conviction for Assault, no matter how slight, will do the same thing.

This is not correct. There is no federal statute that removes the RKBA for misdemeanor assault. Some states may have it as a disqualifier for CCW (it may only be for a period of years- in MO, you have to wait 5 years after a conviction or guilty plea to any crime of violence), but I'm not aware of anyplace where a truly minor assault conviction will void your RKBA ("assault" can simply mean that you touched my shoulder in a threatening way; it covers a ton of ground).

[Al Norris]

Originally Posted by Technosavant

There is no federal statute that removes the RKBA for misdemeanor assault.

You want to explain this to Jefferson Schrader? In 1968, in Annapolis, MD, he was found guilty of a misdemeanor A&B and was sentenced to 30 days or $100 (plus $9 court costs). He paid the fine. Sometime in the early 2000's MD changed its misdemeanor statutes to 2-3 years max jail time.

Based on that alone, the FBI entered his name as a prohibited person in the NICS system (see the current lawsuits) and Mr. Schrader, who has a clean record other than this one misdemeanor A&B, is currently subject to 18 U.S.C. § 922(g)( 1).

[Rufus T Firefly]

Where are you applying? Illinois does not have a permit that you want. Are you going to a different state for the class or does someone tell you locally they are qualified and you will be good. 20 some years ago is along time. Many states have a limitation. Some states give permits to domestic charges or minor misdemeanors if a certain amount of time has passed. I am not a NICS expert on what they let go thru. If in Illinois, you will have to apply to a state that accepts the "multi-state" permit. If I was you, I would find the most lienient state and apply there. The bottom line is... apply. I originally was in Wisconsin which is a "not issue" state like Illinois. The 2 worst states to be in. Wisconsin at least lets you open carry without a permit. Move to Racine if you are close to the Wisconsin border. Open carry is a bitch since people complain, but it is better than Illinois where even using the word handgun gets you in trouble.

[Technosavant]

Originally Posted by Al Norris

Sometime in the early 2000's MD changed its misdemeanor statutes to 2-3 years max jail time.

I was not aware of this case you mention, but it's involving changing misdemeanor crimes to prison terms in excess of one year- something that is usually felony territory. IMO, it sounds like that's a messed up situation and not normative of all minor assault charges in every state.

It takes more than one basic assault charge with the possibility of no more jail time than less than a year to make you a prohibited person. I know some people who have assault charges (misdemeanor, and as minor a criminal violation as you can get in MO) whose lawyers told them when asked that they are not disqualified from owning firearms.

[Al Norris]

The problem becomes one of retro-activity, if the State modifies its punishment for misdemeanor crimes, and then submits a newly created list to the feds. As was done in MD.

I'm going over to MDShooters.com to find out if this is what really happened. Mostly because Justice submitted its MTD and it just became available. They are arguing that this was the way the law always was (or at least, are not acknowledging a change).

[watchdog]

I ran across this article on Examiner.com which explains the federal viewpoint of Domestic Violence. It's called Dissecting The Lautenberg Amendment.

In some states, you don't lose your rights for a DV conviction. The Feds say the State cannot restore what it did no take. If they repeal the Lautenberg Amendment, there will no longer be a "presumptive" prohibition for people with a DV. The Courts are already leaning in that direction, but Congress has to act before it becomes a certainty.

[Technosavant]

The problem becomes one of retro-activity, if the State modifies its punishment for misdemeanor crimes, and then submits a newly created list to the feds. As was done in MD.

I'm going over to MDShooters.com to find out if this is what really happened. Mostly because Justice submitted its MTD and it just became available. They are arguing that this was the way the law always was (or at least, are not acknowledging a change).

That retroactive change looks to be what may have done it from what you said. I read over the applicable part of the 1968 GCA, and it looks like with the exception of the Lautenberg Law stuff dealing with domestic violence, everybody else who is a prohibited person had to have been found guilty of a violation with the possibility of more than a year in prison (again, that's usually felony level consequences).

[Al Norris]

Section 922(g)(1) prohibits firearm possession by any person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.”

The definitions for the terms used in § 922 are set forth in 18 U.S.C. § 921. 18 U.S.C. § 921(a)(20)(B) defines the term “crime punishable by imprisonment for a term exceeding one year” as not including “any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.”

The above is straight from the Justice MTD (and the quotes are straight from the statutes - I double checked).

So besides a Misdemeanor Conviction for Domestic Violence (of any kind), as the law currently stands any federal conviction of a misdemeanor that could have led to a sentence of more than one year, or a State misdemeanor conviction where the sentence may be more than 2 years, disqualifies anyone from possessing firearms (or ammunition).

Now add to that mix, there may be individual State prohibitions on who are prohibited persons (and for how long). CA has a long list of convictions that would result in you being a prohibited person (varies by conviction from 5 to 10 years, IIRC).

Any such prohibition would not be approved for a CCW.

[Technosavant]

Al, I think we're on the same page.

It isn't that assault itself places you into a prohibited category, it is the potential length of the sentence you might have received for the charge. If it was under 1 year, a misdemeanor, not against a domestic partner, and state laws don't "fill in the gap" (so to speak), you can still own a firearm and potentially get a CCW.

Example:
In Missouri, if you are convicted of 3rd degree assault, it can be either a C-level or an A-level misdemeanor. Even as a mis-A, it carries a potential penalty of less than one year in jail. Therefore, you are not a prohibited person. After 5 years from the date of the conviction, you would even be eligible for a CCW in Missouri, because the statute holds a 5 year waiting period after conviction for any violent misdemeanor.