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Old March 13, 2012, 10:52 AM   #1
Riceman
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Idaho CCW Question

When I was younger I was convicted of 3 class C Felonies (Theft) in Washington State. I have since had my records sealed and my firearms rights restored.

I am thinking about applying for my CCW in Idaho. On the form it askes "Have you ever been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year?"

On the motion sealing my records it says "The proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed."

Can I answer no the the question on the CCW form?

I asked two different lawyers and got 2 different answers. I don't know if there is an laywers in Idaho that could help me.
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Old March 13, 2012, 01:23 PM   #2
Armorer-at-Law
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I can't give you a firm answer. You will need a competent Idaho attorney to do that.

But, have you considered answering "yes" and attaching an explanation and copies of the records that say you could have answered "no"?
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Old March 13, 2012, 02:21 PM   #3
Riceman
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If I answer yes the way the law reads I am ineligible for a CCW. Anyone know of a good laywer in Idaho?
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Old March 13, 2012, 04:22 PM   #4
Al Norris
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Riceman, if you have been able to be approved by the NICS check since you had this all happen (meaning you've bought some firearm(s)), then you can go ahead and answer the question, "No."

If you haven't bought any firearms since then, talk to the intake officer, explaining the situation, and see what they say.
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Old March 13, 2012, 05:05 PM   #5
Riceman
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Al,
I just called the sheriff's office here in Boise. I was told by the lady that since I have had my records sealed and my rights to own firearms restored I could answer no to that question. I am waiting to get a replacement card for hunters ed for proof of firearms training. As soon as I get that I will submit my application.
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Old March 13, 2012, 08:24 PM   #6
Al Norris
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Yup. That's kinda what I thought. We're pretty reasonable here.
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Old March 15, 2012, 03:16 PM   #7
Riceman
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Well I just submited my application for my CCW. Now I just have to wait 90 days and see what happens. It was really busy. They where really nice. She even gave me an extra copy of my fingerprinter so I can request my records from the fbi. I will be heading to Washington next week to apply there as well.
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Old March 16, 2012, 04:14 PM   #8
Riceman
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Good news! I decided I wanted to try and purchase a gun. The wife would not let me drop $500 on a new gun. I have always wanted an AR. So I went to a local gun shop and explained my situation. He had me fill out the form and called it in. I got a proceed! So I am the new owner of a Spikes lower. Feels good I don’t have to worry any longer.
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Old March 16, 2012, 05:42 PM   #9
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Congratulations, sir.
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