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Thread: Applying in CT with some legal questions

  1. #1
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    Applying in CT with some legal questions

    As the title states i've got some questions for my first post. I'll try to keep this brief and include all the facts as best I can.

    I am now 29 and was arrested in NY when I was 18 for some stupid choices, 10 years ago now. I won't go into detail, but it was 2 felony and 3 misdemeanors. My case was plead down to 2 or 3 (can't remember) misdemeanors of "Obstructing governmental administration" and sealed as "Youthful Offender". I was given 3 years probation, of which I served 1.5 and was released. I have not been in any trouble since.

    I am now living in CT and just took my pistol course this past weekend in preparation for applying. I am trying to decide how to answer the question regarding arrests on the application. Technically speaking I would answer yes to this, but the YO status *should* allow me to answer no. It is my understanding that for the sake of a federal background check, YO status means nothing. They will likely be able to see the YO status but I don't know to what detail.

    I have been in touch with the lawyer that handled my case and I am trying to find out how exactly the case disposition was. I am hoping he will be able to advise me on how to best answer this too.

    1. Should I be answering yes and state the case was sealed YO status and my record has been perfect for the past 10 years?

    or

    2. Should I answer no and hope it doesn't bite me in the ass?

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    You have done the right thing by contacting an attorney - best to follow his/her advice.
    Please note the LEGAL DISCLAIMER at the beginning of our Forum Rules.

    I know of no youthful offender status that would make you whole again. Seems to me you may need full restoration of your rights.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Thanks for the response. I understand legal advice cannot be had on an internet forum and was hoping someone in a similar situation could share their outcome. I have searched here and elsewhere but there isn't too much useful info.

    I actually went to the town resident trooper office today and picked up the application and fingerprint card. I left a message with the secretary/receptionist to ask the reviewing officer to call me when he had an opportunity to discus the application.

    I just got off the phone with him and it doesn't seem like there will be an issue. I explained the situation and that I had a felony *arrest* but only misdemeanor *conviction* that were both YO in another state. He asked what the felony was and I responded "possession" and later clarified that it was marijuana. His response was that it would not be an automatic disqualification unless it was heroine, cocaine or other similar drug. He advised me to answer truthfully as it would look better to disclose now rather than have to explain why it was omitted later.

    I will be waiting for my lawyer's response to answer the two remaining questions, but after the phone call I do not see it being too much of a problem. I assume when my background check comes back I will have to go in for an interview but I have no issues with that.

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    Regular Member solus's Avatar
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    OP, first welcome to the OC forum, second, inal, but the trooper is not an attorney and not to even insinuate the nice trooper would lie or mislead, he has no dog in your fight and might provide, unintentionally of course, incorrect information as you traipse down your red brick road.

    one further query if i might ask cuz i got confused...what are you attempting to do? apply for your CC permit or purchase a firearm.

    if for your CC and you can pass your nics check, i, who is not an attorney, would believe you should be ok..

    if to purchase a firearm...here is guidance the FFL uses (see question 11b on page 4) https://www.atf.gov/file/61446/download

    again i'm sorry i'm not qualified to assist you further in reaching your quest, but best of luck and stay and read the threads and enjoy the knowledge you can glean.

    ipse
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    Thanks. To clarify I am applying for a carry permit. By the ffl guidelines I may answer no. However the wording on the CT application is a little ambiguous. Still I'm awaiting an answer from my lawyer before final submission. Regardless I have nothing to hide but that damn 'suitability' clause bothers me. I'm keen to give them as few reasons to deny as possible. If full or limited disclosure makes that happen then I'm fine with that.

  6. #6
    Regular Member brk913's Avatar
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    If this incident happened in CT the answer would be easy, in fact it is right on the application itself. It states you are not required to disclose the arrest or any info regarding cases that were dismissed pursuant to and then it lists a bunch of statute numbers, one of those is YO, further CGS says that once a case has been dismissed via YO or other program the person can swear under oath they have never been arrested. Your incident stemming in NY is a different matter and if I was you I would wait to hear from that attorney as NY may not treat YO information the same....
    Member:, NRA Patron Life, NSSF, CCDL, CT Carry, MRPC and Bell City
    NRA Certified Instructor, Chief Range Safety Officer - Basic Pistol, Home Firearm Safety, Metallic Cartridge/Shotgun Shell Reloading - www.ctpistolpermit.com

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    Yeah, that NY thing is the only incident I have. It was long enough ago that I don't remember the particulars about the disposition. On the application it does say that questions regarding out of state arrests/convictions of YO status can be answered according to the laws of that jurisdiction. I think that right there works in my favor of non-disclosure depending on what the lawyer says. I do not know if the "Swear under oath" has an exception in NYS when filling out a pistol permit application. I think they require you to list all arrests/convictions, regardless of their status though (sealed, dismissed, or annulled).

  8. #8
    Regular Member Rich B's Avatar
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    Connecticut questions **can also be** answered here: http://ctcarry.com/Forum/

    --deleted by moderator--

    We can handle it on our forum, or in private: info@ctcarry.com

    We can set you up with the correct lawyers (not all are created the same) and help you throughout the process.


    The hard part is always knowing where/who to ask, of course.
    Last edited by Grapeshot; 06-04-2015 at 08:07 PM. Reason: edited post between ** & **
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    Join us and discuss the issues: http://ctcarry.com/Forum

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    Thank you for the invitation to visit CTcarry.org. I did register, but found an apparent lack of discussion, forum posts, or any other relevant information. I was hoping to get some good reading material in the legal cases section, but there didn't seem to be anything there.

    Am I missing something or is there not much participation on that forum?

  10. #10
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    I had some weapons charges for carrying a facsimile in my vehicle (airsoft gun) dropped via youthful offender when I was a kid. When I applied for my pistol permit my town police denied my permit because of the expunged offense. When I pointed out that they can't deny me for that they apologized and said they forgot to erase it from their records, and issued me the temp.

    I didn't put it on my application.

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    Unfortunately yo status cases and expunged charges are not the same thing. NYS does not expunge or permenantly erase anything. I disclosed only what I was required to by NYS jurisdiction, as instructed on the CT application. I should get a response in the next couple weeks.
    Last edited by adk_mechetech; 07-18-2015 at 11:02 AM.

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    I called the resident troopers office this afternoon from work. My permit was issued and ready to pick up. I got it on the way home today and I am taking tomorrow off to go down to Middletown to get my state!

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