Am I able to get a pistol permit?

[FREDDY401]

I was arrested for possesion on marijuana almost 10 years ago when i was 18 (stupid, i know). I completed my community service and I believe that the judge wiped it off my record. I've read on the DPS
website that this is one of the 11 misdemeanors that make you uneligible for a pistol permit. Does anybody know if there is a time limit on this kind of infraction or am I f##ked for life? I sure hope not because
I'm dying to get a 1911. Thanks in advance.

 

[Rob Boudrie]

There is no time limit, however, it depends on what the disposition was. If the disposition was an alternative sentence such as CWOF (in MA), ACD (in NY) or similar that is not a conviction, you are eligible. You need to get a copy of the court disposition for your case to understand EXACTLY what the disposition was, and what "wiped if off your record" really means.

 

[FREDDY401]

I'm pretty sure I used my youthful offender, it was so long ago I can't remember. How would I go about this? Just call the court or do I have to show up in person? Is there a special department I have to call? Thank you for the help.

 

[Kid Presentable]

i would get in contact with a lawyer. Northeastshooters has several on the forums.

 

[MA_Shooter]

Go/call the court that handled your case and ask about the procedure for getting a copy of your records. There is probably information on-line that can point you in the right direction.

Even if you need to see an attorney this paperwork will help them assess your situation.

 

[FREDDY401]

lawyers.......oh boy, there goes the 1911 fund.......probably have to sell the saiga.....

 

[Matt_SERE]

lawyers.......oh boy, there goes the 1911 fund.......probably have to sell the saiga.....

?? If you have a Saiga I am "assuming" you have an FID?
If so the LTC application may come down to suitability issues with the local issuing officer if you are not already ineligible.

Good luck!

 

[FREDDY401]

No, I'm from CT, no need for any kind of permit for a long gun. Just a 14 day waiting period (which feels like a lifetime).

 

[Matt_SERE]

No, I'm from CT, no need for any kind of permit for a long gun. Just a 14 day waiting period (which feels like a lifetime).

Welcome to NES!

Everyone who has psoted is pointing you in the right direction; a copy (certified if possible) of your court records to start.

(you can put CT in your avatar)

Good Luck!

 

[FREDDY401]

Thanks for all your help everybody, appreciate it.........

 

[Rob Boudrie]

Thanks for all your help everybody, appreciate it.........

We did the best we could, however, vague information begats equally vague answers - so the short form answer to your question is "maybe".

I'm pretty sure I used my youthful offender, it was so long ago I can't remember.

For the sake of MA, this issue is "Is it a conviction?". If No, you are fine. If Yes, has it been voided/vacated (the MA position is that "sealed" does not mean it did not happen, and that it still "counts"). The later point brings up an interesting issue - if MA learns of a "sealed" out of state conviction you tell them about you may be DQed for something that would not show up on a record check (not all states are as generous as MA about opening sealed records for the gun licensing folks). This is one case where it may be the right strategy to take advantage of the "legal fiction' concept, answering "no record" in regards to a sealed out of state record, however, you should not do this unless you have retained competent legal counsel ($$$) that can be certain you are on strong legal grounds and that you are indeed lawfully entitled to this "legal fiction", and that the record will not show up on a interstate check. Do not try that one without proper professional assistance (and that means someone with a bar card, not just a bunch of NES rep markers).

Designation as a juvenile/youthful crime does NOT exclude it from being used as the basis of an LTC disqualification.

 

[FREDDY401]

I'm thinking I might just take the class, apply for the permit, and hope for the best. Might not be the best way to go about it but I work way too much to make it to the courts and pay for a lawyer. Thanks for all the advice, it was really helpful.

 

[dcmdon]

?? If you have a Saiga I am "assuming" you have an FID?
If so the LTC application may come down to suitability issues with the local issuing officer if you are not already ineligible.

Good luck!

This isn't MAShooters.com!!

 

[Matt_SERE]

This isn't MAShooters.com!!

Awe, You're right.

BUT if you go back and read the posts he did not give his location or any other information until asked about his situation.

Just trying to help.

Please read:

Rob Boudrie

Originally Posted by FREDDY401

Thanks for all your help everybody, appreciate it.........

We did the best we could, however, vague information begats equally vague answers - so the short form answer to your question is "maybe".

FREDDY401
I'm pretty sure I used my youthful offender, it was so long ago I can't remember.

 

[mike93lx]

Awe, You're right.

BUT if you go back and read the posts he did not give his location or any other information until asked about his situation.

Just trying to help.

Please read:

This is posted in the CT laws forum...

 

[30Mauser]

I'm thinking I might just take the class, apply for the permit, and hope for the best. Might not be the best way to go about it but I work way too much to make it to the courts and pay for a lawyer. Thanks for all the advice, it was really helpful.

Possible problem, depending on what the application asks... if it asks "were you ever convicted..." and you haven't checked your records yet, you might answer "yes" when they wouldn't have found anything disqualifying in your records... worse, you might answer "no" and expose yourself to further criminal action for lying on the application. I'd say it's really worth taking the day off.

 

[Matt_SERE]

This is posted in the CT laws forum...

Thanks Mike, My bad.

dcmdon This isn't MAShooters.com!!

I stand corrected and still hope he seeks his court papers before filling out his application.

Take care,

 

[Len-2A Training]

CALL the Court Clerk's office at the courthouse you dealt with. Ask them if they can send you a copy of your Docket Sheet and how to order it. You may not need to actually visit the courthouse . . . unless they tell you that you must do that.

You need that before doing anything else. It will tell you whether or not you need an attorney or you are in the clear. And if you go to an attorney first, you will PAY HIM to go to the court to get your record, so it will just add to your bill at $xxx/hour.

Good luck.

 

[dcmdon]

Ok. Now the real answer.

As others have said, if the case was dealt with via Accelerated Rehabilitation (AR) or something like that, you are clean. As long as you complete the terms of the AR, your record is wiped clean.

Also, page 3 of DPS-799, the pistol permit form, it explicitly tells that you do NOT have to disclose arrests, only convictions.

http://www.ct.gov/bfpe/lib/bfpe/bfpedeclrule.pdf

Now lets assume worst case. You were convicted of a drug crime.

What was it for?
How much did you have?

Why is that relevant? Because that is what the law is.

From the CT Office of Legislative Research list of 11 offenses that prohibit you from having a CT Permit to Carry Pistols and Revolvers a.k.a. a "Pistol Permit"
11. first offense involving possession of (a) controlled or hallucinogenic substances (other than a narcotic substance or marijuana) or (b) less than four ounces of a cannabis-type substance (CGS § 21a-279(c)).

So if you were busted for Heroin, you're out.
If you had a personal amount of weed on you. No problem. Actually, if you were a dealer and had less than 4 oz of weed, you are fine.


See item number 3: http://www.ct.gov/bfpe/cwp/view.asp?a=1838&Q=418126&PM=1

Whatever you do, don't lie on the application.

Please people. MA law is not CT law. Also, if you are going to talk about the law, please. PLEASE use citations, so we can read it ourselves. Otherwise your advice is worse than useless. It may well be wrong.




Don

p.s. The BFPE site is FULL of great information. Remember, they are truly, honestly, impartial. It is a citizen panel and they are the ultimate authority on firearms issues in CT. This is what differentiates us from MA, to a large degree. It is because of the BFPE that we are a state where as far as firearms go, the LAW is what matters. Not what your local PD thinks. Familiarize yourself with the BFPE. Go to a meeting. Write your state rep and tell them how much you appreciate it. (so they don't try to put it under the control of the DPS again, like they tried to do last legislative session)

If you have a disqualifying item on your record, your only recourse is to try to get pardoned.

If you have something on your record that is not on the list, but your local PD denies you illegally, you can and should appeal to the BFPE. If you don't have one of the listed offenses, you WILL prevail with the BFPE. Remember that thing I said about the rule of law. In most cases you don't need a lawyer, since nobody is disputing the facts. You and the local PD both agree on all facts of the matter. i.e. you were arrested for A and convicted of B and thats it. The conclusions drawn by each of you are different. But again, the law is the law.

http://www.ct.gov/bfpe/site/default.asp

 

[FREDDY401]

I was arrested with only a 1/4 oz. of weed.......I've also done a quick check on CT Judicial website and no record on me whatsoever. Im almost positive once i completed my community service they had wiped my record clean. I was a few months shy of 10 years ago i was arrested for it.

 

[Jose]

Im almost positive once i completed my community service they had wiped my record clean.

Close enough is only good enough with hand grenades and nuclear weapons.

I strongly suggest collecting all the paperwork and evaluating it with a lawyer.

Getting denied for a license may create further issues down the line when dealing with firearm documents in your state or in others.

 

[dcmdon]

Did you even read my post Jose?

He is totally ok. Even if the arrest is on his record, even if a CONVICTION for that offense is on his record, it is not an offense that disqualifies him from having a Pistol Permit. Again, CT is NOT(!!!) MA!!


@Freddy - that is good to hear. My suggestion is that you simply submit. I'll send you a PM with my personal email and phone number. We can talk, and I'd be happy to assist you in completing the DPS799 form.

Bottom line is that you are FINE.

Don

p.s. be careful about depending on a look up on the CT.gov judicial web site. I don't know how far back their case history goes, but I know its not very far. Its probably a good idea to go through your local PD or Court to confirm your record is clean. It will not affect your eligibility for a PP. However, you need to know the answer so that you can complete DPS799 correctly.

 

[Asmith995]

This was the first info that explained this situation on a CCW permit. Im in a similar situation, I received a violation in VT for less than 2 grams of marijuana about 9 years ago. I dont use marijuana at all for many years now or any other drugs. Problem is I cant find any of the info/date/charge papers from the court. I know on the application it asks for specifics of the crime you were convicted of, It was sooo long ago I cant remember... I want to disclose it on the app but dont want to it to look vague or Im being dishonest.. I going to go to the police station to ask their opinion on what I can do.

The way they word the application is a bit confusing and I "think" I still eligible for a permit, but I want to make sure everything I disclose is correct and necessary.

Thanks for the help

 

[dcmdon]

Asmith - what state are you in??

In CT you are 100% definitely fine. Particularly because posession of marijuana in the quantity you mentioned is not even a criminal offense in CT anymore. So since what you were convicted of has been decriminalized, you effectively have no record as far as CT is concerned. Although you must still disclose the conviction.

 

[PATRON]

Anything can and will be used against you ETC. That goes for anything you say to a cop. So if you are smart, talk to a lawyer first.

 

[dcmdon]

Uh. . . this is not a criminal proceeding. And if he's in CT, the cops can go **** themselves. You don't need to felate the CLEO to get a permit in CT. In fact, you don't even need to talk to a cop. Drop off the application and leave. Or mail it in. There is no interview in CT.

You only have to be legal. i.e. no disqualifying convictions. I can't remember if it was Federal or CT law that basically said, if you are convicted of something that then is decriminalized, your rights can't be abridged because of that conviction.

Either way. Since this is a CT forum, I'll assume he's applying for a CT permit. In which case, he should just fill out the paperwork truthfully, and send it in or drop it off. If he can't remember the exact date or terms, then he should simply say that on the application. There's nothing wrong with saying "I was convicted of possession of a personal use amount marijuana in 1990 and I can't really remember a whole lot of the details.".

First, if it was less than 1/2 oz, then its not a criminal offense in CT anymore. Done deal. Lets not let the Mass people overcomplicate things. CT is effectively a SHALL ISSUE state.

Don

 

[Rob Boudrie]

can't remember if it was Federal or CT law that basically said, if you are convicted of something that then is decriminalized, your rights can't be abridged because of that conviction.

If you know of any such law, please post the info, and the current understanding is that a conviction for a crime is not negated if the crime is decriminalized. There *might* be some wiggle room if the courts ruled the law was never valid in the first place, however, when decriminalization is a matter of a change in public policy (as was the case with the MA marijuana decriminilization), there is no provision to automagically negate any disabilities created by the conviction (in general - for all I know, CT could have such a law)

 

[dcmdon]

I'll get looking, I read about it when the CT legislature passed the statute decriminalizing pot this past summer.

 

[M1911]

This was the first info that explained this situation on a CCW permit. Im in a similar situation, I received a violation in VT for less than 2 grams of marijuana about 9 years ago. I dont use marijuana at all for many years now or any other drugs. Problem is I cant find any of the info/date/charge papers from the court. I know on the application it asks for specifics of the crime you were convicted of, It was sooo long ago I cant remember... I want to disclose it on the app but dont want to it to look vague or Im being dishonest.. I going to go to the police station to ask their opinion on what I can do.

Go the court where you appeared and get copies of the disposition of the case. Yes, that does mean that you will have to take a day off to travel to VT. The other, more expensive, alternative would be to have a VT lawyer retrieve the records for you.

 

[Len-2A Training]

Go the court where you appeared and get copies of the disposition of the case. Yes, that does mean that you will have to take a day off to travel to VT. The other, more expensive, alternative would be to have a VT lawyer retrieve the records for you.

A call to the court may determine that they will copy them and mail them to him, avoiding the need for a trip.

At any rate, I'd call first. Some courts archive old records or microfilm them and thus they may not be available the same day you ask for them, so long distance travel w/o a call first could lead to undue frustration.