Getting a CCW with criminal history

[SkyHawk]

with your criminal conviction, AZ will not grant you a CCW. idk about utah, but i imagine their views are similar. heck, a friend applied to the maricopa sheriff’s office and admitted to smoking marijuana ONCE while in college and he was disqualified as an applicant.

Arizona will absolutely give him a shall-issue CCW if his conviction has been reduced to misdemeanor and his gun rights restored. So will Nevada etc. There are plenty of members here who have proved it. However some of them may have requirements for passage of time since the last conviction.

And plenty of CA residents have CA CCW who admitted to smoking marijuana, including many here. It has been often discussed in the CCW forum. In fact many Sheriffs will give you a side look if you say you NEVER smoked MJ in CA.

[Timthetwin]

To be honest, this statement makes it sound like you are still interested in weed. "choosing" between the two will not look or sound good to any IA

[Charlie50]

Adult criminal records such as the OP has cannot be expunged.

bbbb bul sh..t. !!! Adult criminal record can absolutely be expunged. I have had it done! Completely depends on the court, the offence, time, record since arrest. Do you have to disclose to issuing agency that you have a criminal record? absolutely, positively. I think maybe SVT you have expunged confused with "sealed". Juvi records are sealed, usually.

[pancakes go]

Arizona will absolutely give him a shall-issue CCW if his conviction has been reduced to misdemeanor and his gun rights restored. So will Nevada etc. There are plenty of members here who have proved it. However some of them may have requirements for passage of time since the last conviction.

And plenty of CA residents have CA CCW who admitted to smoking marijuana, including many here. It has been often discussed in the CCW forum. In fact many Sheriffs will give you a side look if you say you NEVER smoked MJ in CA.

sure, if he gets his record reduced anything is possible.

read again: my statement about marijuana is in regards to AZ, not CA.

[pancakes go]

isn’t possession for meth a felony in CA? OP is making it seem like it’s an infraction or misdemeanor. i don’t think he’s being completely honest.

[pancakes go]

i would be interested in knowing how you can legally purchase and own firearms in CA after being arrested/charged for possession of a controlled substance.

[SkyHawk]

sure, if he gets his record reduced anything is possible.

If he doesn't get a reduction to misdemeanor then he cannot buy or possess guns or ammo and this whole conversation is moot. Therefore it is assumed if he had any felonies, they have been reduced. People who have had felonies reduced to misdemeanors which restored their rights to own guns, have gotten AZ, NV, CA and other CCWs.

my statement about marijuana is in regards to AZ, not CA.

AZ is a shall issue state. https://www.azleg.gov/ars/13/03112.htm

E. The department of public safety shall issue a permit to an applicant who meets all of the following conditions:

1. Is a resident of this state or a United States citizen.

2. Is twenty-one years of age or older or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, the United States armed forces reserve or a state national guard.

3. Is not under indictment for and has not been convicted in any jurisdiction of a felony unless that conviction has been expunged, set aside or vacated or the applicant's rights have been restored and the applicant is currently not a prohibited possessor under state or federal law.

4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution.

5. Is not unlawfully present in the United States.

6. Has ever demonstrated competence with a firearm as prescribed by subsection N of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States. For the purposes of this paragraph, "adequate documentation" means:

(a) A current or expired permit issued by the department of public safety pursuant to this section.

(b) An original or copy of a certificate, card or document that shows the applicant has ever completed any course or class prescribed by subsection N of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class.

(c) An original or a copy of a United States department of defense form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection N, paragraph 5 of this section.

(d) An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection N, paragraph 6 of this section.

Note that it doesn't say "unless you smoked a joint at the Guns N Roses concert in 1984". It also doesn't say "unless the Sheriff doesn't like how you look or smell".

Admitting to smoking marijuana long ago will not and cannot preclude issuance of or application for a AZ CCW. And there is no interview process for CCW in AZ, so I have no idea who told him he would not even be considered. I got AZ CCW without ever speaking to a single person in AZ. So he either made the story up, or someone tricked him with FUD.

i would be interested in knowing how you can legally purchase and own firearms in CA after being arrested/charged for possession of a controlled substance.

First of all, being arrested and/or charged is not the same as being convicted. After all court proceedings have concluded, if no conviction arises then no gun rights are taken.

Next, a conviction on CA PC 11377 (possession of meth) is a misdemeanor unless the person has been convicted previously of serious or violent felonies, in which case it is a wobbler. So for most people even a conviction does not erase your gun rights, so long as you are no longer using the drug, you have completed probation etc.

There are prohibiting misdemeanors that restrict gun ownership rights for 5 to 10 years, but possession of meth is not one of them:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf

And often times a defendant can enter pretrial diversion (CA PC 1000) for 11377 and have the charges dropped and sealed before any plea or conviction.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1000.&lawCode=PEN

[bigbearbear]

What were you convicted of? Drug possession isn't one of those "laugh ho ho in face of of the law" issues, it is a very serious offense and you can get a felony or misdemeanor conviction.

In fact, can you even get a new gun now? There is a lifetime ban in firearms if you get a felony conviction and 10 year ban for certain misdemeanor (Penal
Code sections 71, 76, 136.5, 140, 148 (d), 171b, 171c, 171d, 186.28, 240, 241,
242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1,
417.2, 417.6, 422, 626.9, 646.9, 830.95(a), 17500, 17510(a), 25300, 25800,
27510, 27590(c), 30315, or 32625, and Welfare and Institutions Code sections871.5, 1001.5, 8100, 8101, or 8103).

[SanDiego619]

I'm surprised they let him become a pilot...

[tanks]

Most police departments would have no problem hiring you with drug offenses. Probably easier to go that route.

Ahem, pot maybe but I am fairly positive meth is still a no go.

[CaliforniaCowboy]

Wait another 6 years because he might get denied? Not worth the time you will invest? Its not that much money and time at all. You put in more effort and money with the DMV and do that again and again.

You could just assume you will be denied because of your past and just give up. Or you can go in and put in the effort if you really want that CCW. Maybe you will be denied but maybe you won't. Maybe you will not have to go unarmed for the next several years.

The decision is going to be made by your particular sheriff's office, some will not give a saint a CCW and others are pretty dang close to Shall Issue in their attitude.

Sure, you have higher odds of getting denied but do not do it to yourself, let the sheriff make that decision. At least then you will know where you stand. Heck, if you do get denied, at least you have gone through the process once and know what to expect next time.

[Eozan]

[StuckInTheP.R.O.Ca]

I absolutely would not apply until 10 years have passed since your last arrest. I would not apply right now just to see what happens.

^ This. I will be straight up. No way in h*** will this pass muster with SBSO. Not with a H&S arrest this recent.

I will say good luck with whatever you decide to do though.

[reverser]

I think you should send in pictures of you riding your bmx bike in with your ccw application. It usually helps.

[TurboChrisB]

To be honest, this statement makes it sound like you are still interested in weed. "choosing" between the two will not look or sound good to any IA

No, no it does not. Thats a dick comment if I ever saw one.