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.


.