Denied on my Utah CCW renewal

[SDM44]

Here's the history:

Summer 2011 - took the Utah CCW course in CA and submitted my application and fingerprint card and money order.

Sept 2011 - received my Utah CCW permit that is valid through Sept 2016

July 18, 2016 - received my Utah CCW permit renewal letter in the mail. Reapplied for it online via the site and paid the $15 for the renewal.

July 29, 2016 - denial/rejection letter drafted to me

Aug 13, 2016 - received letter in the mail


It states that my application was denied due to a felony conviction in July 2003 (13 years ago), and they also state that they see it was dismissed.

They said that Federal/ATF Counsel states that this is not a true set aside (i.e. dismissal) for Brady and firearms rights restoration purposes. (is this new or something?)

The denial is in accordance with Utah Code Ann. 53-5-704(2)(a)(viii) which states the bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder is not qualified to purchase and possess a firearm pursuant to Section 765-10-503 and federal law.


The letter says I could appeal in writing but they are not authorized to overturn state and/or federal law.

Ironically, AZ just renewed my permit last month and I currently hold a CA ccw permit from San Bernardino County that I received less than a year ago. Plus, I can still purchase firearms legally in CA and have been doing so for the past 15 years here, and I just purchased a new handgun a couple of weeks ago from Turners (Wed special).

I just find it odd that Utah, of all places, would deny my renewal application now when they initially approved it 5 years ago.

[teg33]

Each state have its own rule & law

[CandG]

Here's the history:

Summer 2011 - took the Utah CCW course in CA and submitted my application and fingerprint card and money order.

Sept 2011 - received my Utah CCW permit that is valid through Sept 2016

July 18, 2016 - received my Utah CCW permit renewal letter in the mail. Reapplied for it online via the site and paid the $15 for the renewal.

July 29, 2016 - denial/rejection letter drafted to me

Aug 13, 2016 - received letter in the mail


It states that my application was denied due to a felony conviction in July 2003 (13 years ago), and they also state that they see it was dismissed.

They said that Federal/ATF Counsel states that this is not a true set aside (i.e. dismissal) for Brady and firearms rights restoration purposes. (is this new or something?)

The denial is in accordance with Utah Code Ann. 53-5-704(2)(a)(viii) which states the bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder is not qualified to purchase and possess a firearm pursuant to Section 765-10-503 and federal law.


The letter says I could appeal in writing but they are not authorized to overturn state and/or federal law.

Ironically, AZ just renewed my permit last month and I currently hold a CA ccw permit from San Bernardino County that I received less than a year ago. Plus, I can still purchase firearms legally in CA and have been doing so for the past 15 years here, and I just purchased a new handgun a couple of weeks ago from Turners (Wed special).

I just find it odd that Utah, of all places, would deny my renewal application now when they initially approved it 5 years ago.

That does seem strange. So did you have a felony conviction, or a felony charge that was dismissed? I don't think convictions can be "dismissed". Sounds like there's some confusion going on somewhere.

At least you got your AZ, so you're not really missing out on much in the meantime other than washington state.

[scarecrowX52]

From my understanding, Utah's criminal background checks are pretty thorough....but it does seem strange that they approved the initial application and apparently didn't find the issue that caused them to deny the renewal.

[Powder_Keg]

For $15, I would reapply in 2-3 months.

Since you have already been approved once, you may have just gotten someone who woke up on the wrong side of the bed and decided to reject your renewal. If it gets rejected a 2nd time, then you can decide how much time/effort you want to put into it to get it possibly approved.

[Dvrjon]

What do you have from the court "dismissing" the felony conviction?

Attach that to a written appeal asking for issuance on the basis of the court action and the fact that you were previously issued under identical conditions. Ask them to, if they do not grant the appeal, provide the specific concern raised by the "Federal/ATF counsel" and the statute upon which they base their decision.

Sometimes bureaucrats reconsider the depth of their commitment to an action when they are asked to write it down.

Good luck.

[SDM44]

What do you have from the court "dismissing" the felony conviction?

I have the paperwork in a manila envelope inside of my safe. But per the reason below.....

For $15, I would reapply in 2-3 months.

I'll probably just try this, and if it doesn't go through again then I won't worry about it since my AZ permit covers just about the same states as the UT permit does, except for Washington which I never go to.

[CandG]

I have the paperwork in a manila envelope inside of my safe. But per the reason below.....


I'll probably just try this, and if it doesn't go through again then I won't worry about it since my AZ permit covers just about the same states as the UT permit does, except for Washington which I never go to.

If this was caused due to some "paperwork moving around" and making your FBI record questionable, you may have issues when you renew AZ next time around... I'd try to get whatever the problem is sorted out.

[SDM44]

Just an update from a couple of months ago when I first created this thread.....


I didn't bother to follow up with UT to see why my application was denied, since I figured I would wait and see if my AZ permit would come through first. Well I received my AZ permit in the mail the other day, so I resubmitted my UT app to see what would happen this time around. Nothing different about my application, just did it the same way again.

If I get denied again for the same reason, then I'm not going to worry about it since my AZ permit gives me the same number of states (that I would even visit in the next 5 years) as the UT permit does.

I'll update this thread with what UT responds with, probably in the next 30-60 days.

[GuyFawkes]

Just an update from a couple of months ago when I first created this thread.....


I didn't bother to follow up with UT to see why my application was denied, since I figured I would wait and see if my AZ permit would come through first. Well I received my AZ permit in the mail the other day, so I resubmitted my UT app to see what would happen this time around. Nothing different about my application, just did it the same way again.

If I get denied again for the same reason, then I'm not going to worry about it since my AZ permit gives me the same number of states (that I would even visit in the next 5 years) as the UT permit does.

I'll update this thread with what UT responds with, probably in the next 30-60 days.

Did the AZ application have a question asking if you've ever been denied in applying for a CCW? If so, how did you answer?

[CandG]

Did the AZ application have a question asking if you've ever been denied in applying for a CCW? If so, how did you answer?

As far as I remember, it doesn't ask that. The CA application does though. Which is why I recommend to anyone who plans to get a CA CCW, to obtain that first before applying for non-resident permits elsewhere, just in case. Of course, being denied previously doesn't necessarily mean you won't get a permit somewhere that asks you about it, but it's a red flag that nobody likes to have.

[SkyHawk]

UT thinks you are a prohibited person. I'd sure be curious to find out why, if it were me. Because if UT thinks you are prohibited from owning/posessing firearms, it is a safe bet other states may also think that.

Have you a copy of your FBI rap sheet and have you reviewed it for errors/completeness?

If it were me, I would not just blow this off. I would try and figure out what records they are basing this on and get those records corrected, before I found myself in jail on vacation for felon in posession, and having to worry about correcting the record from behind bars with the assistance of an attorney.

You have heard of the canary in the coalmine? This might be a canary...

[GuyFawkes]

UT thinks you are a prohibited person. I'd sure be curious to find out why, if it were me. Because if UT thinks you are prohibited from owning/posessing firearms, it is a safe bet other states may also think that.

Have you a copy of your FBI rap sheet and have you reviewed it for errors/completeness?

If it were me, I would not just blow this off. I would try and figure out what records they are basing this on and get those records corrected, before I found myself in jail on vacation for felon in posession, and having to worry about correcting the record from behind bars with the assistance of an attorney.

You have heard of the canary in the coalmine? This might be a canary...

I remember in the Mutli-State CCW course they mentioned that Utah has stricter rules on certain crimes in your background that would disqualify you. In addition to felonies and any violent crimes they're more strict about this one than other states: "has not been convicted of any offense involving the use of alcohol"

[Blade Gunner]

Here's the history:

Summer 2011 - took the Utah CCW course in CA and submitted my application and fingerprint card and money order.

Sept 2011 - received my Utah CCW permit that is valid through Sept 2016

July 18, 2016 - received my Utah CCW permit renewal letter in the mail. Reapplied for it online via the site and paid the $15 for the renewal.

July 29, 2016 - denial/rejection letter drafted to me

Aug 13, 2016 - received letter in the mail


It states that my application was denied due to a felony conviction in July 2003 (13 years ago), and they also state that they see it was dismissed.

They said that Federal/ATF Counsel states that this is not a true set aside (i.e. dismissal) for Brady and firearms rights restoration purposes. (is this new or something?)

The denial is in accordance with Utah Code Ann. 53-5-704(2)(a)(viii) which states the bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder is not qualified to purchase and possess a firearm pursuant to Section 765-10-503 and federal law.


The letter says I could appeal in writing but they are not authorized to overturn state and/or federal law.

Ironically, AZ just renewed my permit last month and I currently hold a CA ccw permit from San Bernardino County that I received less than a year ago. Plus, I can still purchase firearms legally in CA and have been doing so for the past 15 years here, and I just purchased a new handgun a couple of weeks ago from Turners (Wed special).

I just find it odd that Utah, of all places, would deny my renewal application now when they initially approved it 5 years ago.

If I where you, I'd take this post down. Falls in the TMI catagory.

[Dano3467]

OP states he has CA CCW now, this has got o be one of the hardest states to procure a permit IMO.

Send them a letter explaining the situation with copy of CA CCW, an Class you took here.

Maybe it might help Idk

It would just seem to me that if you can get CA CCW, you could likely get a permit in almost any state, IMHO

Just sayin