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Thread: Can I get a conceal carry? I had a possession charge Jan. 2014

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    Can I get a conceal carry? I had a possession charge Jan. 2014

    I am new here and not able to find the correct information I am looking for. No definitive answers at least. I had a marijuana possession charge in Jan. of 2014. I have taken care of everything and have been off of probation for a year now. I keep my distance from any drug related activity and have been wanting to get my CCL, just for the good of my family and for traveling here in Kansas. If anyone has had a similar experience or any good information on the issue I would greatly appreciate it. Thank You.

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    How long were you ON probation?
    I am responsible for my writing, not your understanding of it.

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    I was on probation for 6 mos. I have been off of probation for 1 year as of last month.

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    The quickest Google search I've done with this info says you're not guilty of a felony, as long as it was your first time and only marijuana.

    Granted, I could be wrong (it was, after all, less than a minute of searching). So this shouldn't prevent you at the federal level from firearm ownership. However, I have no knowledge of state laws that might get you into issues.

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    Regular Member solus's Avatar
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    best advice i can offer, which nobody seems to be telling you...go find an attorney and ask for a consolation with all the documents you have on the case. yes you do the leg work...

    btw, welcome...

    ipse
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    Thanks for the info guys. I will probably just contact my old lawyer from the case and see what he says about it. That was my last resort as he is a pretty busy guy. I just don't want to pay the $150 for he class and all and then be denied on the background check. When I bought my last 1911 in September I was put on delay when they did my background check & the issue wasn't resolved after 3 days so my FFL gave me the firearm due to the laws about that being as they are. Thanks again.


    Solus - thanks for the welcome.

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    Quote Originally Posted by poopsta View Post
    Thanks for the info guys. I will probably just contact my old lawyer from the case and see what he says about it. That was my last resort as he is a pretty busy guy. I just don't want to pay the $150 for he class and all and then be denied on the background check. When I bought my last 1911 in September I was put on delay when they did my background check & the issue wasn't resolved after 3 days so my FFL gave me the firearm due to the laws about that being as they are. Thanks again.


    Solus - thanks for the welcome.
    I'm not sure how it is in NE. But in CO, basically if you can buy a firearm, the CHP is good to go. Do you know if NE is a Shall Issue state? But I'd say that since you passed the BGC to buy the 1911, you're likely good to go on the permit. But definitely check with the attorney for some more confirmation.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by poopsta View Post
    Thanks for the info guys. I will probably just contact my old lawyer from the case and see what he says about it. That was my last resort as he is a pretty busy guy. I just don't want to pay the $150 for he class and all and then be denied on the background check. When I bought my last 1911 in September I was put on delay when they did my background check & the issue wasn't resolved after 3 days so my FFL gave me the firearm due to the laws about that being as they are. Thanks again.


    Solus - thanks for the welcome.
    I'm sorry you're not getting responses from KS (including this one), but if it were me I would try a two tier approach: 1) try and identify an experienced Kansan who posts here, and PM that person with your question, and 2) reach out to the authority who issues permits/licenses, and explain your quandary. As long as you conduct yourself in a respectful manner, I suspect that you'll find someone willing to help you.

    IMHO an attorney can tell you what might or should happen, but a helpful person(s) with the issuing authority can more likely than not tell you what will happen if you apply.

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    ccl

    I got a felony possession with intent to del. Charge back in 2011. July 2015 I received a expungement and applied for a ccw permit in Wisconsin, I waited a month and a half for an answer. I basically gave up but actually received my permit in the mail in October.I answered no to all questions regarding me ever having a felony. Hopes this help

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    Quote Originally Posted by solus View Post
    best advice i can offer, which nobody seems to be telling you...go find an attorney and ask for a consolation with all the documents you have on the case. yes you do the leg work...

    btw, welcome...

    ipse
    Or simply apply for a permit and see if he gets one ... maybe cheaper this route.

  11. #11
    Regular Member Super6O's Avatar
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    I'm a little late to the topic, but here are my thoughts, (as I am not a lawyer all I can do is point you to the Kansas laws I believe are relevant, I leave the interpretation to you and your legal counsel should you seek it)

    First take a look at the Kansas statute on possession of controlled substances (obtained from http://www.ksrevisor.org/statutes/ on Dec 12, 2015)


    21-5706. Unlawful possession of controlled substances.
    (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or a controlled substance analog thereof.

    (b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:

    (1) Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

    (2) any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4), (d)(5) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

    (3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto;

    (4) any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto;

    (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto;

    (6) any substance designated in K.S.A. 65-4113, and amendments thereto; or

    (7) any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto.

    (c)
    (1) Violation of subsection (a) is a drug severity level 5 felony; and

    (2)
    (A) violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subsection (c)(2)(B); and

    (B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in subsection (d) of K.S.A. 65-4105, and amendments thereto, or any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto, or an analog thereof.

    (d) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.

    History: L. 2009, ch. 32, 6; L. 2010, ch. 74, 3; L. 2011, ch. 83, 2; L. 2012, ch. 150, 10; July 1.



    Following line item (b)(3) to "subsection (d) of K.S.A. 65-4105" you will find marijuana listed there. You may check this at the ksrevisor link above, where the digits before the dash are chapter, the two digits immediately after the dash are the article, and the final two digits the paragraph.

    So you will fall under (b)(3), leading into line items (c)(2)(A) or (c)(2)(B). One of those will apply to you based on your specifics. Here is where you have to draw your own conclusions.


    For some further thoughts, go to the KS attorney general's website ag.ks.gov and get a downloadable printable copy of the Concealed Carry Application. In that document are some very helpful F.A.Q.s on dis-qualifiers including felonies and assault/battery misdemeanors. These F.A.Q.s can tell you where you stand with the conclusion you came to above on (c)(2)(A) and (c)(2)(B).
    Last edited by Super6O; 12-12-2015 at 02:17 PM. Reason: and/or

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