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Denied CCW Permit.

MrPCMrPC Member Posts: 7 ✭✭
edited December 2003 in Gun Rights and Constitutional Law
Hi All, I have been wondering if anyone else has run into this, I applied for my CCW while I was living in Oklahoma, After about 65 days I get a letter from the OSBI that I have been denied, it seems, and I really did forget about it, when I was 18, in 1976, I was traveling through AZ. with 2 friends, we were stopped by the police and they found a few joints in the car, we were all 3 arrested on drug charges, paid a $500.00 each fine. I have been told by the state of AZ that there is no way to expunge this from my record, in fact they said it will be there till I die, and then some. That's 27 years ago, I am not a drug user at all, I quite that crap when I went in the Air Force, I am a proffesional engineer, a father and a good citizen, I guess you can be the President of the USA if you use to smoke pot, by you can't take advantage of your constitutional rights though. Anyone know anything about removing old charges like this. Thanks

"The RIGHT To Keep And Bear Arms"
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Comments

  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    I can't help you, wish I could. This is utterly ridiculous. Somebody help MrPC.
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  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    I'm assuming this was a bust under state law and not federal law. If it's federal, things are practically impossible. I'm also assuming this was a crime that was NOT punishable by 2 or more years of incarceration. "Punishable" means you COULD have gotten 2 years in the pen, REGARDLESS OF WHETHER YOU GOT ANY TIME AT ALL. In other words, if you could have gotten 5 years, but were only sentenced to 2 hours of community service, you still have a BIG problem.
    Given the above assumptions, I suggest you contact an attorney in AZ and seeing what can be done about getting a pardon from the governor and clearing up your record. I don't know who you talked to in the AZ state govt, but unless they're an attorney, I wouldn't put much stock in it (even if they were, I'd still check with my own attorney, as it's always easy for most govt officials to say "no" than "yes" when it comes to gun rights).

    NOTE: If you WERE busted for a crime punishable by two or more years in prison, you have serious problems. Federal law prohibits you from possessing a firearm, much less getting a CCW. If this is the case, I suggest you contact an attorney in your state to see how you stand legally, and you might want to have him talk to an attorney in Arizona to see about getting a "Relief from Disability". Have your *attorney* (NOT you directly) call the NRA Office of General Counsel at NRA Headquarters in Fairfax, VA if he needs info on any of this.

    NOTE: This is not legal advice, for entertainment purposes only. Contact a competent attorney licensed to practice in your area.
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  • 3gunner3gunner Member Posts: 489 ✭✭✭
    edited November -1
    What you described sounds like a misdemeaner drug charge. Most States offer some type of expungement, especially if that was your first drug related offense. Your best bet would be to contact an attorney in the city of AZ. that you were charged. He could probably represent you by waiver without you having to travel to AZ. If it were me, I would not mention why I wanted the expungement. Here's a few links you can get started with.

    http://www.legal-database.com/

    http://www.legalmatch.com/bd/intro1.html?keyword=%28attorney%29&engine=adwords%2145

    http://www.lawyers.com/find_a_lawyer/advanced_search/index.php?site=466&cmp=KA20068

    Let us know what you find out. Good Luck !!!


    "Have a gun that works every time. All skill is in vein when an Angel pisses in the flintlock of your musket."
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  • tr foxtr fox Member Posts: 13,856
    edited November -1
    a good way to get help and some smypathy to help even more is to tell them you want to get rid of this charge of record because you fear it will cause you employment problems in the future. And of course that is not necessarily a lie.

    When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions.
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  • dcon12dcon12 Member Posts: 32,030 ✭✭✭✭
    edited November -1
    i'm sorry but you mess with fire, you get bur'nt.

    "Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
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  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    dcon, please, i suppose you never did anything anti-establishment in your life, especially when you were a dumb know it all punk kid? I know I did (when I was a dumb know it all punk kid). But we grow up, mature, regret our mistakes, and become good adults.
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  • 3gunner3gunner Member Posts: 489 ✭✭✭
    edited November -1
    Yup, it will burn ya. However, there are judicial districts all across the U.S. that allow expungements for those mostly teenage first offenders that have been charged with misd. drug and alcohol offenses. Those expungements happen every single day the courthouse doors open. With that being said, why would'nt he be eligible for the same? I see no reason to be denied those rights 27 years later. Of course that's my personal opinion, and as of right now, the State of Arizona is not consulting me for the interpetation of their criminal laws. [:)]








    "Have a gun that works every time. All skill is in vein when an Angel pisses in the flintlock of your musket."
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  • mandersonmanderson Member Posts: 533 ✭✭✭
    edited November -1
    MrPC...just to let you know you are not alone, I got in the same trouble when I was eighteen.

    Dcon12...don't be so tough on people. We all make mistakes. Sounds like you're still a young pup.

    I was in NJ and was arrested for a small amount of pot. However, I went back for a trial. My father got an excellent attorney through contacts with his company lawyers. I got probation, then had to wait two years before applying for the expungement. I'm glad I did all that because I have never had a problem purchasing a firearm in Maryland (if that sounds believable).

    It's been a long time, but I remember handling the expungement process on my own. I think I just needed to petition the judge with a letter requesting the expungement. Of course, things have changed a lot. Could be I was able to do that because of the probation judgement.

    Contacting a reputable attorney in Arizona is the correct recommendation. Good luck and let us know how you make out.
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  • dcon12dcon12 Member Posts: 32,030 ✭✭✭✭
    edited November -1
    manderson, a young pup? I think not. I have two grandkids and one on the way. I'm jst someone who plays by the rules. hate it for the man but nobody did it to him but himself. I'm sorry. Just my opinion.

    "Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
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