SC CWP Denial Pending DD214
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Thread: SC CWP Denial Pending DD214

  1. Question SC CWP Denial Pending DD214

    First post here, been reading the forums for a long time. My question is regarding SC's requirements for CWPs and military discharges. Reading through the law, there is no listed requirement beyond being legal to own firearms per federal laws (ie cannot have a dishonorable discharge). That being said, I called and asked SLED whether an other than honorable discharge would prohibit me from getting a CWP. The helpful lady said that it would not disqualify me. I asked if I had to provide any info when submitting my application, she said no. So I signed up and completed my class on 2/20/13. Today (7/13/13) I received a letter from SLED informing me my application was denied pending review of my DD214. For background, my discharge was OTH due to failing drug test (I was drunk at a party of mixed military/civilians and ended up smoking pot, a case of impaired judgement. My command was extremely stiff on drug related offenses, hence the OTH).

    That all being said, here are my questions to those of you with experience with this area:

    1. Is an OTH grounds to deny CWP?
    2. Is the marijuana aspect grounds to deny? (I am not prohibited in any way to buy firearms, have purchased numerous firearms since my discharge)
    3. Should I send in the DD214 that fully discloses my discharge circumstances, or the one that has that info deleted? Letter does not specify which...
    4. Is there anything I should do to aid in getting an approval?

    So what do y'all think? I've been clean as a whistle since the discharge, no legal issues aside from a traffic violation, held the same job since discharge (and been successful, getting promotions, raises, etc). Thanks in advance for your advice!

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  3. #2
    At the risk of sounding uppity, to me, an OTH discharge is disgraceful. Suck it up, smoke a doobie and let the CWP's in SC watch your back. Just stay out of downtown Charleston at night.

    On second thought, I don't care if I sound uppity.

    Another way to go is to get an attorney and have him advise you. Whatever you do, do NOT falsify your DD214 in your efforts. If your found out, you will get more than you bargained for.

    KK

  4. Quote Originally Posted by Keykutter View Post
    At the risk of sounding uppity, to me, an OTH discharge is disgraceful. Suck it up, smoke a doobie and let the CWP's in SC watch your back. Just stay out of downtown Charleston at night.

    On second thought, I don't care if I sound uppity.

    Another way to go is to get an attorney and have him advise you. Whatever you do, do NOT falsify your DD214 in your efforts. If your found out, you will get more than you bargained for.

    KK
    Thanks for the reply, I will take your judgment for what it's worth. I have no intention of falsifying any documents. I do not currently use marijuana, this was an isolated incident a few years back (I take responsibility for my actions, no excuses. I only outlined the circumstances so everyone gets the whole picture). I could back that up with a drug test, if that would help my case with SLED? My question lies in what SC law states and how SLED applies it. Anybody else have insight they can share?

  5. #4
    Ill tell you this. Whatever laws we have here, SLED seems to have their own interpretation that can change from one case to another, unbelievably so.

    The CWP laws can be found online but getting an answer that suits your need here is a pig in a poke. Your info should come directly from SLED or an attorney. You also have the ability to appeal your denial. Call SLED or go see them. Columbia is centrally located so its not much more than 1 1/2 hours from anywhere.

    KK

  6. Thanks KK, I am planning on calling Monday morning (I called today but they did not answer, as expected). The way the letter from SLED is worded, it appears that the application is not formally denied yet, but will be if I do not furnish my DD214 within 30 days. I will be sending that out Monday as well. Would it be better to send the version that has the character of my discharge (type, reason, etc) in order to be up front and open, or send the version without that info (there are 2 official DD214 versions, known as DELETED and UNDELETED or form 1 and form 4) to minimize "reasons" for denial? The letter does not specify what type they want, nor does it state the reason for requesting the DD214, just that they need a DD214.

  7. #6
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
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    I would call DOD and ask if you can have your OTH reverted to an general discharge. I believe this was what was done in the 90's. Please research on your own.
    Not being an a$$, but a OTH is an OTH. A rose by any other name is the same.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  8. #7
    If they cited your DD214 as a reason in the first place, I would think they already saw the OTH. Sending them one with that deleted would cause suspicion.

    It's a hard call but if it twere me, I would show up, if you are as described, straight and narrow, And bring them both.

    They already know what they think they know. Personal contact would go much further than a phone call to a secretary who could care less.

    KK

  9. Thanks mappow. I have no interest in pursuing changing my discharge, it is what it is and has not held me back in anything else in life. There seems to be a lot of dis-information spread about how easy it is to "upgrade" a discharge. It is a long bureaucratic process and if you have no grounds to justify an upgrade you rely solely on the convening board to have pity on you (which from all accounts I am familiar with is EXTREMELY rare). I have no justification to get an upgraded discharge, I feel it would be a waste of time to pursue. Like I said in my first post, there is nothing I can find in SC law that would make an OTH a prohibiting factor. Any info on whether or not this is the case, or any advice on how to proceed in the circumstances I have outlined above, would be greatly appreciated.

  10. Quote Originally Posted by Keykutter View Post
    If they cited your DD214 as a reason in the first place, I would think they already saw the OTH. Sending them one with that deleted would cause suspicion.

    It's a hard call but if it twere me, I would show up, if you are as described, straight and narrow, And bring them both.

    They already know what they think they know. Personal contact would go much further than a phone call to a secretary who could care less.

    KK
    I think you are probably right. Type of discharge should show up on a background check, it certainly does when an employer runs a background check. The CWP application does ask if you received a discharge other than honorable. Maybe they need it to complete the file? In any case, I think I will go up there first thing Monday morning ready to make my case and furnish them my DD214. Any ideas of who I should speak to? Letter is from a SLED Lt., maybe I should ask to speak with him?

  11. Tricky Q

    I am a former head general counsel - lawyer at SLED and helped to revamp the denial/review protocol back in 2008. As an aside before then SLED would deny people for too many speedif tickets and other odd things!

    The process was changed to look more towards federal disqualifiers for firearm possession for 2 reasons. I was a federal firearms prosecutor before SLED so it was a more coherent system. Second it focused out attention on protecting a persons second amendment rights to a CWP while removing such rights from those who cannot lawfully possess a firearm.

    I say that to say your less than honorable shouldn't DQ you, but they may get wrapped up with that as well as the underlying reason
    being for drugs. They will probably get hung up more on those because they could each be a reason for denial via 18 USC 922g.

    As shamelessly as it sounds I would recommend a lawyer because you are going to have to make some nuanced arguments about previous federal cases as to why you are not prohibited.

    As an aside they are picky at SLED because the tight processes and thorough review they do SC is a state that FBI allows for CWP holders to forgo background checks when they purchase firearms. As annoying as the process is most of the feedback we got when I was there was people would rather have tight controls and the ability to bypass background checks when they purchased than the alternative. We can talk a whole week on why the process takes 90 days due to outdated IT systems at another time haha.

    In short I think you have a very solid argument to qualify but not sure they will see it that way. (I don't even think they have an attorney working there due to cuts and vacancies).

    Standard disclaimer that this is not legal advice.

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