devastated by denial
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Thread: devastated by denial

  1. Unhappy devastated by denial

    Hello all, and thanks for all the helpful info.Heres my problem/question.
    Last week I was denied a SC CWP( south carolina concealed weapons permit ) because 14 years ago I was caught with a joint at a music festival in georgia.
    Yes, I said 14 YEARS. In the 14 years since then I have had 2 speeding tickets and nothing else. I am now a married, christian, business owner, SC licensed contractor, and responsible father of two. That stupid 21 year old who smoked pot at a rock concert is a distant memory I would like to forget. However I was vividly reminded when I recieved my letter of denial. I am totally devastated, I consider myself to be a good father, husband, and citizen. Everything I do is for my family, business, or community.So my question is what next?.I intend to continue pursuing a SC CWP. Do I need an expungement from GA., a pardon from GA., should I go through SLED, or will I have to go through NICS, ATF, FBI. ???
    Any help or advice from anyone on here will be most gratfully appreciated. I am commited to restoring the integrity of my name, and my constitutional rights. AGAIN THANKS TO EVERYONE!!

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  3. #2
    Several years ago, In indiana, my Mom (yep, mom packs too!!) was denied due to having a nervous breakdown. She appealed before some board (unsure of which), proved two things. She was doing fine currently, and even during her unfortunate situation, she was never a danger to herself or others. Like I said, mom packs, so you know the outcome. Don't know if you have that option in SC though.

  4. #3
    I would talk to an attorney and see about having it esponged from your record? I think I misspelled that though. Hope it helps
    -Austin

  5. Thanks to both of you guys! Funny story J-BOB . My wife and I received our cwp class and the license fee as Christmas present from my MOM! yep my mom packs heat as well. She has had her cwp for over a year and carries most of the time, now my wife has one too and mine was denied imagine all the junk I;m catching. gettin' late c-yall 2morrow

  6. #5
    Expungement can be expensive and I think I would go that route as a last resort. I know in VA there is an appeals process that you can go through first and if it were me I would do that. Than should I be denied there, that would be a point in which I would pursue expongement. Its a lengthy process to get something exponged, and could end up being more money that you might not have to spend. Just what I think. Best of luck to you man.
    Tony
    "Injustice anywhere is a threat to Justice everywhere".
    -MLK

  7. Quote Originally Posted by JBob77 View Post
    Several years ago, In indiana, my Mom (yep, mom packs too!!) was denied due to having a nervous breakdown. She appealed before some board (unsure of which), proved two things. She was doing fine currently, and even during her unfortunate situation, she was never a danger to herself or others. Like I said, mom packs, so you know the outcome. Don't know if you have that option in SC though.

    That's doesn't seem right.I got my ccw yesterday,but if it was denied for something like that I definitely would fight it.I would look for a lawyer who has experience in these matters.You could also seek information from the NRA.Also do some searching on the web I'm sure there's some info on this matter.I hope it works out and that you keep us informed.Good luck>

  8. #7
    What was the charge? Felony or misdemeanor? Does SC concealed carry law have a provision re: denying based on drug offenses? I ask all this because, although it was not a drug-related offense, I was convicted when I was 18 of disorderly conduct (kids do stupid things, don't they?); it comes back to haunt me now and then, but even more recently (like 10 years ago) while going through a nasty divorce, my ex decided to have a little "fun" and she called the police and reported that I was suicidal. They came to my house, I could not convince them that my ex was the nutcase and they took me in "for observation". Nothing came of that, but the "observation" got in the way one time, when I applied for a Minnesota permit and was denied. Because I was not "adjudicated mentally ill" there was no grounds for denial. I submitted a letter to the denying sheriff, and within a week got my permit. I also have a FL non-resident permit, and am waiting for my AZ permit to come. So, short story long, don't give up. There must be some sort of appeals process. If you weren't convicted of a felony, you are not prohibited from owing weapons, and possession of a joint 14 years ago should not be grounds for denial.

    By the way, I just found this forum and I've already found lots of good information. Thanks to everyone out there!
    Gary

  9. #8
    My father is waiting on his NY permit right now. I'm a little worried about it because like 29 years ago he was arrested for DUI and possession of a weapon (billy club under the seat). He was arrested, booked, but never convicted and never heard about it again. He has passed numerous background checks since then to work as a contractor in a nuclear plant.

    Possession of a weapon is not something you want on your record, but this was almost 30 years ago. He was a young 22ish year old. He has since gotten married, had kids, quit drinking and is in no way the same man he was 30 years ago. But I'm still afraid the sheriff will see the charge (though we couldn't find any local records of it, but he WAS booked into the county) and outright deny him.

  10. I understand the problem. I dreaded the wait for mine, because of an indiscretion way back in my youth as well. Fortunately i fretted for nothing and have my CCW. It looks like you can appeal the decision if you're still within 30 days from the denial. I didn't see anything barring you from re-applying. The particular section is appended below with a website link. It actually looks like a two-step, or two-level, appeal process. First straight to the SLED, then if they uphold, to an Administrative Law Judge.

    If i may make one suggestion: educate yourself on everything firearm related you can. The state surely won't do it for you. You need to know your laws, backward and forward. You absolutely must understand when you may use a firearm in defense of property, in self defense, in defense of others, and when you cannot, if you're going to carry. (Varies by state). You need to know the application process and the appeal process. This blog has some good threads about shoot/don't shoot, so does TheFiringLine.com.

    It took 10 minutes to find your answer. Here is the language, and below that is the link.

    SECTION 23-31-215. Issuance of permits.

    (D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the divisionís decision.

    South Carolina Law Enforcement Division


    Good luck!
    "Laws that forbid the carrying of arms ... make things worse for the assaulted and better for the assailants ... for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

  11. #10
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    Quote Originally Posted by Austin View Post
    I would talk to an attorney and see about having it esponged from your record? I think I misspelled that though. Hope it helps
    Good idea but some states will deny for reasons of none other than any prior drug arrest / conviction it is part of their law... so you may be out of luck... Have you thought of applying for a out of state license...
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century
    "Don't be so open minded that your brains fall out!" Father John Corapi.

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