should I even apply .....

[clublights]

in my younger..... and dumber..... days [BooHoo] I got myself in a bit of trouble in New Mexico. this resulted in a felony conviction for conspiracy to commit a crime ( basically possession of burglary tools ( AKA bolt cutters ) was the "crime") . this was all finished with probation and all over 14 years ago. as I read Colorado and New Mexico Law. I am completely legal to own a firearm now. ( has been over ten years )

My real question is ... should I even bother to try and apply for a CCW or would I just be throwing the fees to the wind ?

oh I live in Denver if anyone thinks this will make a difference.

I've had no trouble since with the exception of a few traffic tickets and only one of those ( for a headlight out ) in the last 5 years.

opinions? experiences ? any lawyers in the house?


Thank You in advance.

[RRD3]

Have you been able to purchase a weapon over the counter here in the state?

If you fail the check there then that will let you know the outcome of the CCW check which is more extensive.

[clublights]

Have you been able to purchase a weapon over the counter here in the state?

If you fail the check there then that will let you know the outcome of the CCW check which is more extensive.

I haven't tried yet to be honest

Mainly because my gun budget is low and other then my Colt Mark IV only thing I want is a nice AR and most gun shops have wanted WAYY too much for them.

IS there a way for me to run this check WITHOUT going to a gun dealer ? ( going to a state office or something? ) I've looked on the net and not been able to find a way to do this.

[Bailey Guns]

You may be eligible to possess a firearm in CO according to CO law. However, if the crime was punishable by more than 1 year imprisonment (typically the basic definition of a felony) the answer is "No" according to federal law, regardless of what state law says.

From the www.atf.gov (http://www.atf.gov) website:


(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?


Yes, a person who –
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;


That is also exactly how the question is asked on the 4473.

Just my interpretation of what state and federal laws state. You should probably talk with an attorney regarding possible federal issues in possessing the gun you already have.

[clublights]

You may be eligible to possess a firearm in CO according to CO law. However, if the crime was punishable by more than 1 year imprisonment (typically the basic definition of a felony) the answer is "No" according to federal law, regardless of what state law says.

From the www.atf.gov (http://www.atf.gov) website:


(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?


Yes, a person who –
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;


That is also exactly how the question is asked on the 4473.

Just my interpretation of what state and federal laws state. You should probably talk with an attorney regarding possible federal issues in possessing the gun you already have.


however the federal law has this

18 U.S.C. § 921(a)(20) ("Firearms Owners' Protection Act") What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

[Bailey Guns]

OK. Go answer "Yes" to the question on the form that asks if you've ever been convicted of a crime for which you could have received more than a year in prison and see how far you get in purchasing a gun.

BTW...the same question is on the CCW application.

I don't think restoration of civil rights is an automatic process under federal law, though I don't know for certain. I think it's something you have to petition a court for.

I'd still talk to a lawyer rather than look for an answer on a gun forum.

[Tristan]

Okay-something I actually know for once.
Mr. Bailey Guns is correct-the law you quoted only applies if you have had your record expunged or you were pardoned. Nothing EVER just "falls" off your record. And you can only get your record expunged if you were found not guilty, if you were acquitted or never charged. You would have to hire an attorney or proceed "pro se" and file a motion with the district court where the offense happened and get a judge to approve it. So in other words, it's doubtful. And the expungement only applies to public records-LEO and virtually any other form of government will still have access to said record(s).
However, that being said, you can own a firearm if it's for home defense. Without knowing the particulars, it's extremely doubtful if you can get a ccw. AND the cops can still arrest you for previous offender in possession of a firearm. The previously mentioned is called an affirmative defense, and you would win in court, if you met the criterium, but you would still get arrested. So, I wouldn't be telling anybody I have a gun if I were you.
And if you try to skirt these laws by putting the gun in your wifes' name, for example, you can still be charged if it is in your house, on your property, in your car, etc.-any place where you could exercise control over said firearm. And she could be charged, also. Since Columbine, Colorado doesn't smile to brightly on people buying firearms for "previous offenders" to operate.
But to end all confusion, just do as Mr. Bailey Guns said. You can go to any pawn shop or whatever and get a check for 20 bucks or so. I think it's 10 bucks at the CBI's website. It's not illegal to see if you can legally posses a firearm.
But to make a long story short,
no.