Application Denied...

[mrt202]

So, i have a valid cwp from SC. I figured it would be no sweat to get a non resident cwp from NH. Wrong! Turns out i have a simple posession charge on my record from several years ago that i had forgotten about. How embarrassing! Can someone tell me if this will prevent me from getting a non res. cwp from Fla.? Is there anywhere that it wouldn't be a deal breaker? Thanks!

[S&WM&P40]

Yeah Our state is hard on that they do not let people with any kind of drug stuff on record get a Permit.

For FL

Possible Reasons for Ineligibility:

The physical inability to handle a firearm safely.
A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
A conviction for a misdemeanor crime of violence in the last three years.
A conviction for violation of controlled substance laws or multiple arrests for such offenses.
A record of drug or alcohol abuse.
Two or more DUI convictions within the previous three years.
Being committed to a mental institution or adjudged incompetent or mentally defective.
Failing to provide proof of proficiency with a firearm.
Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
Renouncement of U.S. citizenship.
A dishonorable discharge from the armed forces.
Being a fugitive from justice.


So that looks like a No on that one as well but I'm sure other people who live in FL with jump in and tell you for sure yes or no. Was this your first time? Did it happen in SC? Or did you just move to the state? If it happend in SC and it was your first time you can try this under SC law. If it was Pot we are talking about.

SIMPLE POSSESSION OF MARIJUANA – First Offense

Pursuant to South Carolina Code of Laws § 44-53-450(b), any person, not over the age of twenty-five, who has been sentenced to a "Conditional Discharge" for their first offense of simple possession of marijuana, may, upon completion of the sentencing requirements, apply to the court for an order to expunge from all official records all information relating to his arrest, indictment, trial, finding of guilty, and dismissal and discharge pursuant to this section. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.

[mrt202]

Yes, it was a first offense, for pot, in SC. And it was before i got my cwp here. It seems like if SC would still issue a permit, that it would be good enough to qualify for others. It is a misdemeanor, after all. Really no more serious than a speeding ticket. Until this.

[S&WM&P40]

But in the Eyes of the Law and states it's a huge deal. speeding ticket is one thing but drugs are a whole new ball game. As long as thats on your record i would say you have no hope of getting a permit in NH. As for other states most are more strict when it comes to permits then NH. Every state has some kind of drug thing on the permit application some are more layed back about it and look at your record as a whole. Others see that and just stamp it NO. I would try other states some states will look over it and just look at the rest of your record for things like, speeding tickets and other things. But keep in mind if you have alot on your record other then the pot bust most will say no.

[mrt202]

It's a shame that they make it so difficult to stay on the right side of the law.
The only places i ever go where there is no reciprocity with SC is Ga. and Alabama. As i understand it, in Ga. i can carry my loaded pistol in plain view in a car/truck, but i commonly travel by motorcycle. That opens up a can of worms.
In Ga. i know i'm supposed to keep it in a saddlebag or the like. In Alabama, apparently it's not legal to keep a loaded gun in/on a vehicle at all.
Either way, i'm likely to have a (loaded, obviously) pistol in my pocket when i'm on my bike, as their is no use in having a pistol that is unloaded or inaccessible.
Hopefully there will never be a reason to test their laws, but i will break a law to protect myself and others from real criminals!

[johnsonabq]

Originally Posted by mrt202

So, i have a valid cwp from SC. I figured it would be no sweat to get a non resident cwp from NH. Wrong! Turns out i have a simple posession charge on my record from several years ago that i had forgotten about. How embarrassing! Can someone tell me if this will prevent me from getting a non res. cwp from Fla.? Is there anywhere that it wouldn't be a deal breaker? Thanks!

I'm confused. Was it a possession charge? Or a possession conviction? Which means an appearance before a judge and a determination of guilt. There's a big difference.

OK, I've got the Florida app in front of me and reading it. I see where it says...

During the three years preceding the date of this application, have you been:

a. Committed for the abuse of controlled substances, or been found guilty or convicted of a crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state, or had multiple arrests for such offenses within the past five years with the most recent arrest occurring within the past year?

Of course I'm no lawyer and anybody let me know if you disagree but it sounds to me that if your "incident" happened more than three years ago, your good.

Yes? No?

[wolfhunter]

Originally Posted by S&WM&P40

Yeah Our state is hard on that they do not let people with any kind of drug stuff on record get a Permit.

For FL

Possible Reasons for Ineligibility:

The physical inability to handle a firearm safely.
A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
A conviction for a misdemeanor crime of violence in the last three years.
A conviction for violation of controlled substance laws or multiple arrests for such offenses.
A record of drug or alcohol abuse.
Two or more DUI convictions within the previous three years.
Being committed to a mental institution or adjudged incompetent or mentally defective.
Failing to provide proof of proficiency with a firearm.
Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
Renouncement of U.S. citizenship.
A dishonorable discharge from the armed forces.
Being a fugitive from justice.

The above was a quote from the summary, the statute states in part:
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant: ~~~
(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; ~~~

So it may be possible to get your FL non-res CCW.

[johnsonabq]

What made you choose New Hampshire?

[S&WM&P40]

I would say he choose NH because it's so easy to get a out of state permit.

[netentity]

You can forget CT and possibly ME as well. UT is may issue for drug offenses. I wouldn't bother taking a UT certified CFP class or applying for UT until you have talked to UT BCI to determine your eligibility. If you can get it expunged that may be your only option. Any drug offense can hurt you severely in many States.