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Thread: Failed background check for conceal carry!! What next?

  1. #1
    Regular Member Hitech redneck's Avatar
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    Angry Failed background check for conceal carry!! What next?

    I took my conceal carry license with my son and nephew last summer and was informed 6 months later that I was denied the permit due to failure to inform them of a possesion of marijuana charge over 25 yrs ago. Now I know it sounds like I should have been more thorough. Thing is I went to both counties I ever received a ticket in and filed for complete arrest/ticket/charge ever issued to me. You know, just to be safe and get all available info so as not to leave anything out. WRONG! They still denied me on the grounds I failed to include a charge. First off why am I supposed to do their record keeping when they are the ones requiring it. And then why is it acceptable to deny me because their record didn't match what 2 other counties provided me with? I own several guns, probably have bought 20 different ones in the last 2 years, can someone explain this to me?

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    Quote Originally Posted by Hitech redneck View Post
    I took my conceal carry license with my son and nephew last summer and was informed 6 months later that I was denied the permit due to failure to inform them of a possesion of marijuana charge over 25 yrs ago. Now I know it sounds like I should have been more thorough. Thing is I went to both counties I ever received a ticket in and filed for complete arrest/ticket/charge ever issued to me. You know, just to be safe and get all available info so as not to leave anything out. WRONG! They still denied me on the grounds I failed to include a charge. First off why am I supposed to do their record keeping when they are the ones requiring it. And then why is it acceptable to deny me because their record didn't match what 2 other counties provided me with? I own several guns, probably have bought 20 different ones in the last 2 years, can someone explain this to me?
    You were denied for a possession of marijuana charge you received 20 years ago? Is Oklahoma law that strict? I would suggest looking into an out of state permit from Utah or Florida, or another state that offers non-resident permits.

    I would assume that OK has an appeals process if you are denied. Check into the law and see if a possession charge denies you from being able to obtain a permit, and if it doesn't if you can appeal.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Hitech redneck View Post
    I took my conceal carry license with my son and nephew last summer and was informed 6 months later that I was denied the permit due to failure to inform them of a possesion of marijuana charge over 25 yrs ago. Now I know it sounds like I should have been more thorough. Thing is I went to both counties I ever received a ticket in and filed for complete arrest/ticket/charge ever issued to me. You know, just to be safe and get all available info so as not to leave anything out. WRONG! They still denied me on the grounds I failed to include a charge. First off why am I supposed to do their record keeping when they are the ones requiring it. And then why is it acceptable to deny me because their record didn't match what 2 other counties provided me with? I own several guns, probably have bought 20 different ones in the last 2 years, can someone explain this to me?
    Most states have an appeal process if you are denied. Most states also have a method of removing things like that from your record...but I would first start by reading the OK SDA very carefully so you can form the arguments for your appeal. Like is that arrest a disqualifing conviction?

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    Regular Member Hitech redneck's Avatar
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    Quote Originally Posted by hermannr View Post
    Most states have an appeal process if you are denied. Most states also have a method of removing things like that from your record...but I would first start by reading the OK SDA very carefully so you can form the arguments for your appeal. Like is that arrest a disqualifing conviction?
    I was informed it wasn't the charge of possesion itself that denied me it was failure on my part to indicate it when filing for my license. What's even worse to add fuel to the fire I lost the $200 application fee because of this failure. I just don't know why all reports weren't submitted to me and if they were what the heck are the OSBI people doing for info? I live in the same town I was born in and have my entire life.

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    I think I would try to appeal the decision and show them the reports that you were given from the respective counties. This way the can see you tried to make sure you included everything and you didn't intentionally leave anything off the application. Don't know if it will work or not, but it's worth a try.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by hrdware View Post
    I think I would try to appeal the decision and show them the reports that you were given from the respective counties. This way the can see you tried to make sure you included everything and you didn't intentionally leave anything off the application. Don't know if it will work or not, but it's worth a try.
    Sounds like an excellent approach,

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    Regular Member Hitech redneck's Avatar
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    It's been a year now

    Quote Originally Posted by hrdware View Post
    I think I would try to appeal the decision and show them the reports that you were given from the respective counties. This way the can see you tried to make sure you included everything and you didn't intentionally leave anything off the application. Don't know if it will work or not, but it's worth a try.
    I appreciate the info guys. I will contact them again and find out if that's possible, I think the timeframe for an appeal may have passed. By the way is there anybody here that has the contact info for the OSBI dept. that handles that?

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    Regular Member okiebryan's Avatar
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    I understand that you weren't denied for the charge itself, but for failure to disclose. From what I understand, this happens fairly regularly.

    If it were me, I'd simply reapply and this time disclose the arrest and note the disposition. So long as you weren't convicted of a felony, you should qualify. Sorry about your $200, but I don't think an appeal will do you any good. State law says you can be denied for failure to complete the form properly, and that is what they are using to deny if they find any arrests that you didn't disclose.

    IANAL.

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    When I applied for mine, I had a couple of juvenile run away charges and related time in juvenile hall. I made sure to even include those on my app. I've had my permit for 4 years but have had the right to legally carry for 57.

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    You should have objected to the inquiry. Appears to have been vague and would be a fishing expedition for information not relevant to your application.

    Did you plead guilty or were found guilty of the charge?

    Can you re-apply?
    Last edited by davidmcbeth; 08-31-2012 at 12:11 AM.

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    Founder's Club Member thebigsd's Avatar
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    Failed background check for conceal carry!! What next?

    Quote Originally Posted by Hitech redneck View Post
    I was informed it wasn't the charge of possesion itself that denied me it was failure on my part to indicate it when filing for my license. What's even worse to add fuel to the fire I lost the $200 application fee because of this failure. I just don't know why all reports weren't submitted to me and if they were what the heck are the OSBI people doing for info? I live in the same town I was born in and have my entire life.
    $200 application fee? That's ridiculous! $200 would cover my permit costs for 40 years.

    Best of luck in your appeal. I would think you have a good chance of winning it if you do your research. Keep us posted!
    "When seconds count between living or dying, the police are only minutes away."

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    Make sure you appeal the denial....and in the hearing you will be asked questions and basically it will say why you was denied...and normally they will say you can reapply and just list the charges on the new application....

    you will have to pay the fee again but the 2nd time you will just haft to add that info to the new application....also you might see about getting the charge expunged as normally it is not that hard to do...but before you should if you have not done already...get a back ground check on your self...as you can be denied if you have a past...just anticancer thing will cause a denial ...like a restraining order against you that is still in affect ...if there is one ...you will need to see if you can get it dismissed ...and if you do...you still have to list it and that there is activity on it (being dismissed)...there are certain other thing that will cause a automatic denial also...but you should know them just by reading the handbook....

    the guideline state you can not be denied if you list the history (be truthful). But it also states that certain conviction are automatic denial..


    the reason i say this is i had to go threw the appeal due to a restraining order that was filed from a divorce that was over 18 years ago and the court did not dismiss the PO in the automatic 3 years....took me a total of 2 days to correct it..
    basically all you have to do is correct what they found and resubmit it.. Jut be as complete and honest as possible...

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