denial

[Natan706]

I was just denied my CCW in Arapahoe County, apparently out of state court cases that were dismissed, are reasons to deny. I was under the impression that you arent convicted until the case has been ruled upon. Apparently I was wrong. It wasnt a felony or anything, nor was it anything to do with domestic violence but they still saw fit to deny me. :x Wish I would have know that before I spent the $252.50 on the firearms class, CBI, and the payment for the sherrif to deny me. :roll: So I think its time to move. I wont live anywhere where I can't carry. Im thinking of moving to Washington state.

[rtr]

So what did you do in the dismissed cases?

What makes you think WA will issue to you?

[HunterCO]

First off you can request the reason for denial that is what I would do. I was charged with felony menacing and it was dismissed by the prossecution and never went to trial. I have a CCW permit I even obtained my permit back before it was shall issue and they gave me one. If you were never convicted under the new law they can not deny you based on that.

The first step is to find out on what grounds they denied you it could be a mistake. You also have the right to make the sheriffs dept. appear before a judge to explain the reason for the denial.

I will give you an example of what could have happend. My felony charge was reported to CBI. Guess what when the charges were dismissed that NEVER got reported. I waited over six months and nothing. I could not buy a gun because they would deny me when they did the background check. I had to go to the court house pull the court records take them to CBI to show them the charges were dismissed. It took them about a month to update the system and clear me to purchase a gun. Shortley after that I applied for my CCW permit. This could be what has happend with you it is very common for them to report what charges were filed against you yet they seem to get amnesia when reporting the outcome of the charges filled against you IF AND ONLY IF THEY ARE DISMISSED OR YOUR FOUND TO BE INNOCENT! If they would have found you guilty once again they would have made sure to report that. Funny how that works.

[kwando]

wow that sucks! what about getting a UT or FL ccw permit.

[KarlPMann]

No need, he can get one here sorta easy. He does have the right to an appeal. He WILL get it!!! They sometimes deny for strange reasons, then when reviewed, they see their mistake and correct it. Trust me, just appeal through the state. I hear it's pretty easy. Karl. :?

[Natan706]

I just noticed that I put court cases. It was just 1 case, sorry.

What happened was I was arrested for possesion of a controled substance in California. Which I dont even think at the time was a felony, I could be wrong though. Anyhow I was given the chance to do Diversion (deffered entry of judgement), which means that I had to plead guilty. The Judge then suspended the caseand my case remained open until successful completion of the program, then the trial resumed and the judge dismissed my case. It was also explained to me that by doing this it would make it as though I had never been arrested. BUT apparently thats not the case.
I was contacted by a Deputy last month and questioned about 2 of my answers on the CCW application. He said that he needed a written explanation of why I answered question:

#6 “Have you been convicted in any court of a felony, or attempt or conspiracy to commit a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”

with a NO.
and question:

#8 “Are you an unlawful user or, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”

which I also answered NO. Look Im not gonna lie here. I have done a few drugs back in the day. Who hasnt? But do I currently or have I within the last 4 years? No. I dont even smoke cigarettes anymore. ANYHOW...

I complied with his request and hand delivered it to him that day. He looked it over and basically dismissed it right there. He kept telling me that by making a guilty plead then I am automatically CONVICTED. And in his opinion I lied on my app.
A few weeks later I recieved a certified letter in the mail from them telling me that I was denied. Their reason was that I was arrested in 2002 for possesion of controled substance. It also states in the letter that they are aware that I was given differed judgement of entry and completed it successfully.

Guys Im not going to sit here and pretend I know anything about how the law works but according to a bunch of "law" websites I should have NO record.

I'm quoting www.drcrime.com/diversion.html

"Criminal record retention and disposition resulting from participation in deferred entry of judgement
Upon successful completion of the deferred entry of judgement program, the arrest upon which the judgement was deferred is considered to have never occurred. The defendant may respond to any questions concerning his/her prior criminal record that he/she was not arrested or granted deferred entry of judgement to the offense, except that the arrest may be disclosed by the Department of Justice in response to any peace officer application request, and he/she must disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer as defined in P.C. 830.
If due to unsatisfactory conduct or performance in the program, defendant's plea of guilty is entered pursuant to P.C. 1000.3, it shall constitute a conviction. "

Am I reading this incorrectly?

Thanks for your time guys and please be honest.
If I AM wrong, I will accept it like a man.

[Natan706]

So what did you do in the dismissed cases?

What makes you think WA will issue to you?

I have friends and family up there. They dont scour your background to find any little piece of dirt that could disqualify you from carrying.

Here is washingtons CCW app. As you can see its VERY easy to get a CCW there.

ftp://ftp.owt.com/pub/bc/cpl%20application.pdf

[ruger]

If you really are considering moving just for this, move to Vermont or Alaska.

They both have so-called "Vermont" style laws. All citizens are allowed to carry a concealed weapon. No permit. No fingerprints. No application.

See http://www.packing.org/state/ for more info.

-Ruger

[Natan706]

If you really are considering moving just for this, move to Vermont or Alaska.

I am only considering Washington because of the family that lives there.


Are there any lawyers that specialize in situations like these?
I am going to Appeal. I know I dont need a lawyer but I would just like to have someone there that knows more about this stuff.

[KarlPMann]

Hmmm, lemme see now, lawyer that specializes in gun law in the Denver area? :twisted: I know, what about James O. Bardwell? He's the nations top IMHO, and he's local. I tried to look him up, but he isn't listed any more... :? :? :? Well, if you can find him, he's good. Karl.