CCW - Third degree assault

So I am looking to apply for a CCW in Arapahoe County. I have a third degree assault charge from twenty years ago. Just young and dumb in a fight with another guy, not domestic violence related. I have purchased three fire arms in the last few years so I am able to purchase. I have read conflicting information on if this disqualifies me from being issued a CCW. Question six on the applicant history asks:

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?

I have no idea what the charge could have carried twenty years ago. Any insight would be appreciated. I don't want to pay for the application if I know that I am not eligible.

You should call them directly and ask.

(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

Class Minimum Sentence-----------------------------------------------------------Maximum Sentence

Class 1: Six months imprisonment, or five hundred dollars fine, or both Eighteen months imprisonment or five thousand dollars fine, or both

Class 2: Three months imprisonment, or two hundred fifty dollars fine, or both Twelve months imprisonment or one thousand dollars fine, or both

Class 3: Fifty dollars fine Six months imprisonment or seven hundred fifty dollars fine, or both



Simple answer: No. You are eligible to obtain a permit. However, like Stu/Irv suggested, call and ask.

I agree that you should just call someone and ask, but I remember someone in my class asking what kind of back ground check they do when you go and apply and the instructor said it wasnt really much different than the back ground check they do on you when you buy a gun. He's Jeffco SWAT

HTH

Good luck

I have a call into the Sheriff's deparment and will let you all know what they say.

if you have bought a firearm since then, you should be ok.

Unless your 3rd degree assault was related to a domestic violence charge, there should be no problem.

You'll be fine. I got my permit with an 11 year old 3rd degree assault and misdemenor criminal mischief charge. If I remember right as long as it's older than 7 or 8 years no biggie and like said above as long as it's not domestic violence. Everyone makes mistakes when they're young, just be glad it wasn't a felony or domestic violence.

Quote:

---

Originally Posted by Adawg38

You'll be fine. I got my permit with an 11 year old 3rd degree assault and misdemenor criminal mischief charge. If I remember right as long as it's older than 7 or 8 years no biggie and like said above as long as it's not domestic violence. Everyone makes mistakes when they're young, just be glad it wasn't a felony or domestic violence.

---

Good thing you said something. I was about to run out and get some assault charges of my own.

You'll be ok too if you have domestic violence.

If you can purchase a gun legally (back ground check) then you should be ok to get your CCW.

Can't purchase a gun with domestic violence.

Quote:

---

Originally Posted by Irving

Good thing you said something. I was about to run out and get some assault charges of my own.

---

I don't think you want to do that! [ROFL1]

I was in a similar situation about 7 years ago, and thought I had pleaded no contest to 3rd Degree Assault. I didn't think that I was eligible for CCW because of this, based upon the info in CCW requirements.

However, that being said, I actually pulled my record on CBI and COcourts and I actually don't have a record for this. I actually got a ticket for assault in Aurora, and it was simple assault, same as yours. Got into a fight with a kid who robbed by brothers house.

I verified the info with my uncle who is DPD, said it's not on my record, it was a ticket.

Don't know about your case, but I will check your record to see exactly what it was.

Just my .02. Now I just need to take the class and get my CCW.

So I spoke with the Sheriff's department and they said it shouldn't be an issue. Took the class Tuesday and dropped off my application this morning. I will know for sure in the next few weeks...

Good luck killer. ;)

I have the same charge and a deferred felony, from back when I was 20 (about 8 years ago) applied for my ccw in 09 or 10 and did not answer question 6 right cause I didn't read it all the way through (I know I'm a dumbass). Got denied but called them and made an appoitment to talk to the sheriff and was approved for my ccw after explaining what happened, guilty by association. I think you should apply and if you get denied then just go and talk to the sheriff should be fine. Good luck, I would wear something nice and look presentable don't want to go in looking like a bum.

Quote:

---

Originally Posted by EVO8

You'll be ok too if you have domestic violence.

---

No. DV is a deal-killer for buying, owning and possessing guns. Well, legally anyway.

Quote:

---

Originally Posted by lex137

I have the same charge and a deferred felony, from back when I was 20 (about 8 years ago) applied for my ccw in 09 or 10 and did not answer question 6 right cause I didn't read it all the way through (I know I'm a dumbass). Got denied but called them and made an appoitment to talk to the sheriff and was approved for my ccw after explaining what happened, guilty by association. I think you should apply and if you get denied then just go and talk to the sheriff should be fine. Good luck, I would wear something nice and look presentable don't want to go in looking like a bum.

---

so no Gang Colors then?



[ROFL1]

Got my CCW revoked... cuz some wife's ex stupid accusations defending myself on my own property. I have my CCW in Arapahoe. I was convicted of Menacing in Aurora, and met the Sheriff personally. ...pled my case to him and he was a very fair and thorough guy IMO. I got my permit reinstated, so this leads me to believe that the county is very fair and you should not be all that worried.

I just spoke with a buddy who just received his CCW a couple of weeks ago, he had assualt charges also, not sure what degree, and also had a restraining order with his ex-wife. He got called in and had to "explain" his situation for both. After the conversation with the Sheriff they felt he was not a "risk" to the community so they issued him his CCW. You should be fine.

Ok, so after reading this thread perhaps we should post a new one asking how many people here have NOT had a 3rd degree assault charge! Now I'm worried I might get gang raped on here soon. [ROFL3]

I did call them ahead of time and he said to attach a letter of explanation along with it. When I dropped off the application the guy came over and told me how much he appreciated the explanation and that was the way to go, so hopefully I'm all clear. Dropped off the app three weeks ago, so hopefully I will know in the next few weeks...

Mack-my Arap County application took close to the full 90 days, so I wouldn't worry if yours does too.

Quote:

---

Originally Posted by Ranger

Ok, so after reading this thread perhaps we should post a new one asking how many people here have NOT had a 3rd degree assault charge! Now I'm worried I might get gang raped on here soon. [ROFL3]

---

I think just about anyone that was not wrapped in a protective bubble had at least one ride in a police car for doing something stupid in there youth.

The ones that learn and grow up are usually the better for it. Now there are some that never seem to get the clue. Like every time I read some report about the 49 year old burglar or the 54 year old that gets busted for shooting Heroin. Oh wait, that was my dumb ass brother.[Bang] I am so glad he lives about 1500 miles away from me.[Beer]

Quote:

---

Originally Posted by jerrymrc

I think just about anyone that was not wrapped in a protective bubble had at least one ride in a police car for doing something stupid in there youth.

---

I never have.

Quote:

---

Originally Posted by Irving

I never have.

---

And I can understand why.[Coffee]

Quote:

---

Originally Posted by glenncal1

Mack-my Arap County application took close to the full 90 days, so I wouldn't worry if yours does too.

---

I'm not Arapaho but Denver county, but mine took 97 days. Gotta love Denver they think they can just do whatever they want...

Quote:

---

Originally Posted by jerrymrc

I think just about anyone that was not wrapped in a protective bubble had at least one ride in a police car for doing something stupid in there youth.

---

Quote:

---

Originally Posted by Irving

I never have.

---

Yeah, whatever there Bubble-Boy.

I've done things I should have been arrested for, but miraculously, no cops were around.

Quote:

---

Originally Posted by Irving

I've done things I should have been arrested for, but miraculously, no cops were around.

---

I can see this eating away at you Stuart, you should go confess and get it off your chest.

Quote:

---

Originally Posted by KevDen2005

I can see this eating away at you Stuart, you should go confess and get it off your chest.

---

he did, to a priest, that way, the cops would still not be involved... [Beer]

Quote:

---

Originally Posted by jerrymrc

I think just about anyone that was not wrapped in a protective bubble had at least one ride in a police car for doing something stupid in there youth.

---

Oh, I've had an incursion or two with the law, just not for that. And I've been in a fight or ten but not been hauled off for it. Young and dumb, that was a fun time - now I feel so square! Perhaps I should get myself busted just to keep things interesting! [Stooge]

Just got the call today, my permit was approved and is ready to be picked up!! So as of Monday I'm official. I appreciate all the input...

My younger brother just got his concealed (took 102 days- he kept meticulous count) but he had a DUI from 3 or so years ago and then just months later a DUR (Driving Under Revocation). They initially denied the CCW because they claimed it was 2 alcohol related incidents with 5 years. He asked for a second review and they saw that the DUR wasn't alcohol related and issued the permit. So be careful with anything that could jeopardize your permit or permit process... I asked the under sheriff for Clear Creek County and he said that you could lose your permit if you are convicted of two or more alcohol related charges within 3 years of each other. So don't get busted for drunk- in- public. [Beer]

Quote:

---

Originally Posted by Ronin13

My younger brother just got his concealed (took 102 days- he kept meticulous count)

---

I don't know the number, but I believe there is a Colorado Statute that says they are required to issue the permit to you if the CBI has not answered the background check within 90 days. If it were to come back later as "denied" they could take it from you, but on day 91 you can go to the Sheriff's office and ask for it... They have to give it to you. We did that with my Husband's permit when Elbert County took too long.

Quote:

---

Originally Posted by Fondis Firearms

I don't know the number, but I believe there is a Colorado Statute that says they are required to issue the permit to you if the CBI has not answered the background check within 90 days. If it were to come back later as "denied" they could take it from you, but on day 91 you can go to the Sheriff's office and ask for it... They have to give it to you. We did that with my Husband's permit when Elbert County took too long.

---

This issue was a halt by the Sheriff's department- and then the review process extended it a couple weeks. The CBI came back, it was the SO records that led them to send him the letter of intent to deny. He was at like day 86 or so when they informed him they weren't going to issue and he had to appeal it. That just took a bit of time I guess.

Quote:

---

Originally Posted by mackbamf

Just got the call today, my permit was approved and is ready to be picked up!! So as of Monday I'm official. I appreciate all the input...

---

Congrats and be safe!

pretty sure when i was getting my ccw that it is 2 alcohol related offenses in 10 years that will prevent you from getting it. at least that is what the garfield county handbook said.

Quote:

---

Originally Posted by spencerhenry

pretty sure when i was getting my ccw that it is 2 alcohol related offenses in 10 years that will prevent you from getting it. at least that is what the garfield county handbook said.

---

Not sure- I just remember him almost having to wait a while- like 2013 or so- to get his, but that might be 10 years and I'm misquoting what happened... But alas he has his now so all is well.
And mackbamf- congrats- welcome to our select club- responding minutes faster than 911!