Possible to get CCW with a misdemeanor?

[MR_T]

Hi guys, I have a quick question that I am asking for a relative. He was charged with a couple of felonies, I don’t know the specifics but I believe it was trespassing and destruction of property in 2004 and he plead guilty to one count of misdemeanor trespassing on agricultural property. I don’t want to get in the specifics but he was 18 at the time and stupid, he got involved in an accident while four wheeling on private property. He completed his probation and has not had any other run-ins with the law other than minor traffic tickets. Is he eligible for a CCW license in Colorado?

[Gunner]

Never mind miss read

[J]

So long as the maximum punishment (not punishment received) for that misdemeanor would not exceed one year in jail/prison, nothing would definitively prohibit him from obtaining the CCW. It does fall under the sheriff's purview to deny him still due to his past record.

Only one way to find out for sure, submit it.

[Adawg38]

As long as it wasn't a mis assault of some kind. Then I believe it has to be older that 7-8 years. Any felony then no. At least that was the case when I moved up here in 06 so if it's different now I am not sure.

[mackbamf]

I had a couple of misdemeanors when I was 18-19, one of which a 3rd degree assault charge, and I recieved my CCW without issue from Douglas County. Granted it was over twenty years ago and I kept it squeaky clean since I was a teenager.

[Ronin13]

I'd say it all depends on the CLEO in his area... if it's Ted Mink (Jeffco) he denied a guy I know for having more than one alcohol related charge in a one-year period. It all depends on their discretion.

[rocktot]

Isn't ag-trespass usually reserved for illegal aliens?

[SideShow Bob]

Isn't ag-trespass usually reserved for illegal aliens?

You need to be PC here, they are known as UDA's........[LOL]

[MR_T]

Nope, believe it or not some citizens and legal residents actually do trespass on agricultural property. It is a lesser charge than trespassing on residential or commercial property, It's a class 3 missdemeanor, punishable by up to 6 months in jail

[BPTactical]

Nope, believe it or not some citizens and legal residents actually do trespass on agricultural property. It is a lesser charge than trespassing on residential or commercial property, It's a class 3 missdemeanor, punishable by up to 6 months in jail

So your "relative" knows former Governor Ritter???

[Mazin]

He was charged with a couple of felonies, I don’t know the specifics but I believe it was trespassing and destruction of property in 2004 and he plead guilty to one count of misdemeanor trespassing on agricultural property.

It's my understanding that if you have a felony you could not purchase a firearm. If you could not purchase a firearm legally you cannot obtain a CCW. Have him take a Cbi BGC, its $7 and they will tell him the reason if he is denied. GL

[blacklabel]

It's my understanding that if you have a felony you could not purchase a firearm. If you could not purchase a firearm legally you cannot obtain a CCW. Have him take a Cbi BGC, its $7 and they will tell him the reason if he is denied. GL

From the OP, he was charged with felonies but pleaded down to a misdemeanor.

[Mazin]

Sorry Reading comp is shot today, He should be fine.

[centrarchidae]

Nope, believe it or not some citizens and legal residents actually do trespass on agricultural property. It is a lesser charge than trespassing on residential or commercial property, It's a class 3 missdemeanor, punishable by up to 6 months in jail

Not quite.

Trespassing on land zoned as agricultural is normally a misdemeanor, one step up from whatever degree of trespassing that the offense would have otherwise been. For instance, Second-Degree Criminal Trespass (enclosed or fenced so as to exclude the trespasser)is an M-3, but it's an M-2 when done on agricultural land.

Trespassing on agricultural land is a felony when done with intent to commit a felony.

See CRS 18-4-503 and CRS 18-4-504.

And that's what made it so attractive to then-Denver-DA Ritter: He could let illegals plead to a felony, and preserve his felony conviction stats. However, INS (and later ICE) only cared about illegals who committed felonies involving "moral turpitude" like drug-related felonies. Trespassing isn't a felony involving "moral turpitude," which means that it wouldn't have attracted INS' attention, which made it an attractive plea for an illegal alien.