denial

[bbadmin]

I'll check on this tonight. I have a connection at A County.

Sounds like a technicality. But it could be that this is a discretionary area for the Sheriff.

I'll let you know if I find out anything.




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[Natan706]

Thanks everyone for all the ideas and help. I really appreciate it!! Im going to try to schedule an appointment with a lawyer about it, but lack the funds to do so at this point in time. So for now Im just reading a lot.


Thank you all once again!

[bbadmin]

Okay, here's the deal. I asked around and here is the answer I got. The responders were law enforcement officers who work with CCW permits for a living. I promised not to quote them, but rest assured they are in the know. Take it for what its worth.



The 9 criteria in the Gun Control Act (which the CRS based the Concealed Handgun Permit criteria on) are:

If any of the following apply, you may not own a firearm:

1. Persons under indictment for, or convicted of, any crime punishable
by imprisonment for a term exceeding one year;
2. Fugitives from justice
3. Persons who are unlawful users of, or addicted to, any controlled
substance;
4. Persons who have been declared by a court as mental defectives or
have been committed to a mental institution;
5. Illegal aliens, or aliens who were admitted to the United States
under a nonimmigrant visa;
6. Persons who have been dishonorably discharged from the military;
7. Persons who have renounced their United States citizenship
8. Persons subject to certain types of restraining orders, and;
9. Persons who have been convicted of a misdemeanor crime of Domestic
Violence.

So, if your guy can't legally possess a handgun under Federal Law, he
can't carry a concealed handgun under Colorado law.

Point 1: if he took a plea bargain, even if the judgment or sentence was deferred, it's still a conviction. If the original charge was a crime punishable by more than 1 year imprisonment, it's a disqualifier.

Point 2: The Concealed Handgun Permit process is CIVIL, not Criminal. We don't have to prove anything beyond a reasonable doubt, only by a preponderance of evidence. That means he was conviced of a drug crime, no matter how long ago, that's enough evidence that he's an "unlawful user of any controlled substance".

Point 3: He's entitled to an appeal hearing with the Sheriff. That's his chance to refute the evidence the cops put together to deny him. If he doesn't exercise his rights under the law, then he can just live with the decision. Remind him that he has a limited time to call and schedule his appeal. I have no idea how Arapahoe handles their appeal process, so he need to call their CHP staff, and find out how to appeal.


Again let me state, I understand what you've told us, I am just passing on the response I got. If you feel its worth it, I'd appeal it. At the least it might be worth getting a legal opinion on for future reference.


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[Natan706]

Thanks for looking into that for me. I appreciate the effort that you've made.
I know that you were just passing on info, but according to everything that Ive read online Point 1 is completely false. Which is the only reason Im upset. I honestly dont care if I get the CCW or not anymore.
I still plan on talking to a lawyer, even if to just clear up the "conviction" term regarding differed entry of judgement. Thank you all for your time.

[KarlPMann]

Well, I WILL do some quoting/naming here. When this law was first being discussed and then passed, I spoke to James Bardwell, an attorney in Denver. He is VERY well known for his work with, and expertise in, the law in regards to firearms. He is probably the nations best know lawyer on gun issues.

He has made a small fortune suing police departments for not issuing permits both before the must issue law and after. According to him, they cannot deny you for something that isn't on your record. I understand their approach, but if they did it to me and I could afford it, I'd sue.

Karl.

[bbadmin]

I think you really need a lawyer to talk to. This could, according to some interpretations, be more serious then just being denied a carry permit.



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[KarlPMann]

He's right, it could mean the loss of your right to even own a gun. On the other hand, since the record is sealed, they'd have no way of knowing. I'd still talk to a lawyer. Karl. :cry:

[Natan706]

No its really not that serious. Being that I bought 2 guns in 2005 through with the CBI check and there were no problems.
The record is not sealed. The record isnt supposed to exist!!! Thats the whole point of doing the Differed Entry of Judgement.
Im going to talk to a lwayer if any of the ones Ive called will ever call me back. Until then I will be patient and continue to learn about the law.

[KarlPMann]

If you can legally own a gun, then you're supposed to be able to get the CCW. Karl.

[Gman]

I am not aware of any issues that prevent you from getting a CCW that aren't listed right on the ATF 4473 you fill out to purchase a firearm.