Results 1 to 5 of 5

Thread: Question about CHP / CCW qualification in Colorado

  1. #1
    Regular Member
    Join Date
    Mar 2013
    Location
    Colorado
    Posts
    3

    Question Question about CHP / CCW qualification in Colorado

    Greetings -

    I have a question that you may be able to help answer regarding obtaining a CHP.

    In 1990, as a juvenile aged 15, I was adjudicated for felony theft (stupid, regrettable kid stuff). That record has since been expunged, and I have no further criminal record. As such I am a legal to own a firearm, and have owned several for a number of years.

    I live in Douglas County and am interested in obtaining my CHP. Question 11 of the application reads: "Have you ever been adjudicated as a juvenile for a crime that would constitute a felony if committed by an adult or
    attempt or conspiracy to commit a felony, under any state law or federal law?" Obviously the answer is yes although I am currently a legal firearms owner.

    My question is, does answering this question 'yes' basically guarantee I'll be denied a CHP? I would hate to go through certification and pay the fees ($250+ for both) only to be denied. The obvious course of action is to call Bob Britton - the Douglas County official who issues CHPs - but I've tried that a number of times and I have not had my calls returned. I'm sure they are quite busy.

    Thoughts? Thanks in advance.

  2. #2
    Regular Member mobiushky's Avatar
    Join Date
    May 2012
    Location
    Alaska (ex-Colorado)
    Posts
    840
    Quote Originally Posted by Brahma View Post
    Greetings -

    I have a question that you may be able to help answer regarding obtaining a CHP.

    In 1990, as a juvenile aged 15, I was adjudicated for felony theft (stupid, regrettable kid stuff). That record has since been expunged, and I have no further criminal record. As such I am a legal to own a firearm, and have owned several for a number of years.

    I live in Douglas County and am interested in obtaining my CHP. Question 11 of the application reads: "Have you ever been adjudicated as a juvenile for a crime that would constitute a felony if committed by an adult or
    attempt or conspiracy to commit a felony, under any state law or federal law?" Obviously the answer is yes although I am currently a legal firearms owner.

    My question is, does answering this question 'yes' basically guarantee I'll be denied a CHP? I would hate to go through certification and pay the fees ($250+ for both) only to be denied. The obvious course of action is to call Bob Britton - the Douglas County official who issues CHPs - but I've tried that a number of times and I have not had my calls returned. I'm sure they are quite busy.

    Thoughts? Thanks in advance.
    I'm not a lawyer. Isn't it correct to say that "expunged" essentially means that the event is for lack of a better term, erased? What I understand is, once it's expunged, you treat it as if it never even happened. In which case, the answer to Question 11 is "No." Because in the eyes of the law, it never happened. Now, that's just my take. And again, I'm not a lawyer.

  3. #3
    Regular Member
    Join Date
    Jul 2008
    Location
    Longmont, CO, ,
    Posts
    221
    The Weld County application states in the paragraph above the questions that you should answer "no" if the conviction was expunged. I don't know if the form is similar statewide.

  4. #4
    Regular Member
    Join Date
    Mar 2013
    Location
    Colorado
    Posts
    3
    I finally caught Bob Britton this morning and he gave me some insight. In Douglas County, expungement of a juvenile case still requires an answer of 'yes' on question 11 from what I understand, lest you falsify information on the application. You then need to attach court docs showing the expungement ruling. I asked if this basically guarantees denial of a CHP, and he said no. He explained that all they really do is fire it off to the CBI with your fingerprints and mugshot, and then CBI makes the call about whether you are eligible to own a firearm and can receive a CHP. Apparently it's not a yes or no scenario, there is a third finding that I can't really explain because the details are a bit cloudy. Since I'm already eligible for firearm ownership, that means the chances are improved. But, no clear answer on whether it would be a waste of the time and money involved or not.

    So in the end, its what we all already know - the decision lies in the hands of the CBI. You know, the entity that refuses to acknowledge the restoration of civil rights clause in the Colorado Constitution and is known for making very...umm, interesting calls with little apparent basis in consistent application of the law.

    Wish me luck.

  5. #5
    Regular Member
    Join Date
    Mar 2013
    Location
    Colorado
    Posts
    3
    And just a little bit more news. I corresponded with the CBI today and the outlook was surprisingly positive. Although I don't consider it a given, once a juvenile record is expunged and firearm ownership rights are restored, so is the qualification for a CHP. It read to me like those rights are one and the same in the eyes of the CBI.

    Hope this helps someone who may find themselves in a situation similar to mine.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •