self preservation
Regular Member
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Ky CCDW with a misdemeanor diversion
- Thread starter self preservation
- Start date
Midwest
Regular Member
Diversion is not an conviction. As I understand it, a diversion is a dismissal of charges when conditions are met by a certain time (like staying out of trouble or whatever else they deem as condition of the diversion).
But since the diversion does not end until next November as I read it. I don't think he could get a CCDW until the diversion ends, even then he might need a letter from the court stating that the charges were dropped.
Seeing that the the CCDW costs $80 for the training safety course and another $60 for the permit. He might be wasting his $140 on something that he cannot get. It might be better to get an opinion from a lawyer in the meantime.
It is important that he check with the court to see if he is under a temporary disability from acquiring or owning firearms until that diversion ends. It may not just be a matter of not being able to get a CCDW, he might be prohibited from going near a gun. He needs to check this out ASAP.
Also because the court (where the diversion order was made) is in Indiana and he is applying in KY for a carry permit, his status could already be in the system in KY already. And if it is not, but he is able to get a CCDW and leaves out this incident in Indiana on his application and KY finds out about it later. He might have some explaining to do.
In short , contact the court for wording of what he is prohibited from doing (owning or possession of firearms) . And then contact a lawyer ... It seems there are things at play here that need legal advice.
Was your friend extradited to Indiana ? Why didn't the girl file charges in Kentucky where the alleged defendant lives? Something about this doesn't sound right. The part about her filing charges in Indiana while the defendant was in KY when the incident supposedly took place sounds like she filed in the wrong jurisdiction in my (non legal) opinion. He should have tried to get the whole matter dropped on the jurisdiction issue alone. Again, something doesn't add up....is there more to the story?
I am not a lawyer, and my comments should NOT be considered as legal advice. Your friend needs to contact a lawyer for proper legal advice.
But since the diversion does not end until next November as I read it. I don't think he could get a CCDW until the diversion ends, even then he might need a letter from the court stating that the charges were dropped.
Seeing that the the CCDW costs $80 for the training safety course and another $60 for the permit. He might be wasting his $140 on something that he cannot get. It might be better to get an opinion from a lawyer in the meantime.
It is important that he check with the court to see if he is under a temporary disability from acquiring or owning firearms until that diversion ends. It may not just be a matter of not being able to get a CCDW, he might be prohibited from going near a gun. He needs to check this out ASAP.
Also because the court (where the diversion order was made) is in Indiana and he is applying in KY for a carry permit, his status could already be in the system in KY already. And if it is not, but he is able to get a CCDW and leaves out this incident in Indiana on his application and KY finds out about it later. He might have some explaining to do.
In short , contact the court for wording of what he is prohibited from doing (owning or possession of firearms) . And then contact a lawyer ... It seems there are things at play here that need legal advice.
Was your friend extradited to Indiana ? Why didn't the girl file charges in Kentucky where the alleged defendant lives? Something about this doesn't sound right. The part about her filing charges in Indiana while the defendant was in KY when the incident supposedly took place sounds like she filed in the wrong jurisdiction in my (non legal) opinion. He should have tried to get the whole matter dropped on the jurisdiction issue alone. Again, something doesn't add up....is there more to the story?
I am not a lawyer, and my comments should NOT be considered as legal advice. Your friend needs to contact a lawyer for proper legal advice.