CWP Denial, and appeal process
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CWP Denial, and appeal process

This is a discussion on CWP Denial, and appeal process within the South Carolina Discussion and Firearm News forums, part of the Firearms Discussion by State category; Well, this just sucks... OK, I have a misdemeanor on my record from 1998 - 11 years ago. It was ...

  1. #1
    Join Date
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    Greenville, SC
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    Default CWP Denial, and appeal process

    Well, this just sucks...

    OK, I have a misdemeanor on my record from 1998 - 11 years ago. It was over $20.00, and I have a "Breach of Trust w/ Fraud, Less that $1000.00" on my record.

    Before applying for my CWP, I contacted SLED to make sure that this wasn't going to stop anything. They ensured me on the phone that it was no big deal, and that because it wasn't felony charge, I was good to go. So, I took the CWP class back in April, and then last week, I got a denial letter from Sled, stating that they couldn't issue me a permit because of the charge.

    I am writing the appeal, but would LOVE some insight - has anyone here had to do an appeal, or what advice to you have when appealing?

    Steps I have done so far:

    Contact the Municipal Court, and have the case # etc. They said to contact the Solicitor's office to apply for an expungement, but that takes months. I have only 30 days to appeal the CWP.

    Anyway, I look forward to what ya'll have to say!
    My Website: Nerd with a .45

  2. #2
    Join Date
    Sep 2007
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    Gray Court, SC
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    Was the denial because of the Greenville County Sheriff? A friend of mine got his permit in the mail with a letter stating that the GCS didn't recommend a permit to be issued to him because of a Guilty plea of misdemeanor possession of Marijuana. They had to issue the permit because of the 90 day requirement on issue of a permit. He was stopped in the 80's in NC and charged. He made an appointment with the Sheriff and pleaded his case. The Sheriff agreed with him and wrote a letter to SLED. He's getting to keep his permit. The way it works is they send a letter to the local Sheriff and someone in the department check their record. If there is anything on the record they will deny the request. Then they send it back to SLED. Call me and I'll get you in touch with him so you can pick his brain.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  3. #3
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    I would for sure appeal and possibly at the same time possibly go after the expungement... even though that will cost more money as well as time.

    I thought for sure I would not get my permit because of a 'felony' conviction from 1978, my instructor said it would not be a problem as long as I stated it on the application and he was right. I did have to later get the court records and the current rating of the conviction in S.C. (which is now a misdomenar) for my Florida permit.

    I'd bet you a good box of ammo that Manufacturing Marjuana was a Felony in 1978...
    One of those lessons in life, just because you are in college and think it's cool, doesn't mean it's smart to have a pot plant in your room.

    Back to your problem, it's probably one of those questionable things they wanted to kick back just to see how serious you are about getting a permit.

  4. #4
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    Greenville, SC
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    The letter I got was from SLED, so I don't think the Sheriff was involved. I'm hoping that it is just a kick back. I've written a letter to Gov. Sanford - asking for his help - yeah I went there - he asked for forgiveness, and so am I :) I've also given my application to the Solicitor's office to start the process to expunge the record. I just really don't want to pay a bunch of money out, and nothing come out of it.... Quite honestly, so long as I get the CWP, I don't care if it's on my record - It's never stopped me from getting a job...
    My Website: Nerd with a .45

  5. #5
    Join Date
    Dec 2007
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    Greenville, SC
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    Well, I gotta tell you, the Greenville County Solicitor's office has a shining star working there! Kim works in the Expungment department, and let me tell you, she has gone above and beyond to help me! Amazing how being polite from the beginning can really help ensure a positive outcome!

    We've been emailing back and forth all day ( I know - I'm actually emailing, not having to go down there, and jump through red tape hoops!!! ) and she thinks she can get it dismissed for free. If not, I have to pay the fee's - but still get it expunged for sure! Fee's are really high - $310 total - $250 for Solicitor's office, $25 for SLED, and $35 for the Clerk of Court. What sucks, is if I do have to pay the fee's, the original charge was over $20.00... but, you do the crime... and young and stupid does come back to bite sometimes!

    Anyway, looks like it's taking a turn up - I'll know in a week if it goes through as free or not...
    My Website: Nerd with a .45

  6. #6
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    I thought long and hard about getting a CWP, compared the class's and cost and looked at all the paperwork and hoops they want you to jump through and finally decided to save my money and time and just open carry. I've been carrying my 9mm or .45 everywhere for the last 6 months and nobody has said a word. I haven't been asked to leave any stores, nobody has run away screaming and no kids were frightened. I would sure love to see more folks carrying open. It has a very civilizing effect.

  7. #7
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    Unfortunately, OC is not permitted in SC
    My Website: Nerd with a .45

  8. #8
    gdcleanfun is offline Banned
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    Quote Originally Posted by tomasco View Post
    I thought long and hard about getting a CWP, compared the class's and cost and looked at all the paperwork and hoops they want you to jump through and finally decided to save my money and time and just open carry. I've been carrying my 9mm or .45 everywhere for the last 6 months and nobody has said a word. I haven't been asked to leave any stores, nobody has run away screaming and no kids were frightened. I would sure love to see more folks carrying open. It has a very civilizing effect.
    I'm curious, tho, if you come to Nevada if you would open carry in a bank or a casino? It's legal, but I wonder what kind of reaction you'd get?

  9. #9
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    Way to go Dano, don't let that puppy go.

    I had the same experience with the clerk over in Pickens... she went out of her way to find my records from 1978, I often put down our government and the folks that work for it, but as in the rest of life there are really good folks out there and as you said, being nice to them sure doesn't hurt.

    Please let us know how this goes.

    I bet most folks don't realize that after a certain amount of time most convictions can be expunged if you've been a 'good citizen' since then.

  10. #10
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    I have to say wow again. I just got done talking to Kim @ the solicitor's office again, and it turns out she is also a Christian! What a great girl! She said to pass along her contact info to anyone that might need it. She is the ONLY person in Greenville County that does expungements.

    Please, pass my contact information along to anyone you know who needs this type of help. I am the only one in Greenville County to do this. I will be glad to help them.



    Kim Sprayberry
    Expungement
    467-8723 (office)
    467-8695 (fax)
    ksprayberr {at** greenvillecounty.org
    She said that my paperwork was dropped of to SLED this morning... Now to wait :)
    My Website: Nerd with a .45

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