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thompsongunner06 · Aug 16, 2009

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OK,,Hope this is the right place for this. Over 15 yrs ago I was an officer in Va area,,,Had scumbags vandalising my home,,,I went to make an arrest(off duty) and the lovely "kids" tried to run me over and when I hit the car my firearm went off,,did not hit anyone. Well my police dept charged ME with a crime,,,I was so over them not standing behind officers that my laywer had the FELONY charge reduced to a class 1 Misd,,,I resigned and moved to NC. 15 yrs later I do all the stuff to CC(I own my business and make cash deposites at night,,sometimes) and submitt all to local Sherrif Dept. Comes back turned down,,,reason the original "felony" charge is still(and will always be) in the NCIC,,,,Per him I can buy all I want,possess all firearms I want and can OC. Per lawyer in VA the original charge can never be removed???

hp-hobo · Aug 16, 2009

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So what you're saying is that you're being denied a CWP because of a prior charge? I thought you had to be convicted for it to count, or at least that was my assumption. I do not claim to be an expert on NC laws (or SC laws for that matter), but this seems to be a bit bogus.

What exactly does the law say?

chiefjason · Aug 16, 2009

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Good to see you made it over here. One question that just popped into my head is was the attorney well versed in gun laws? Would a NC lawyer versed in NC gun law make a difference? Just kind of thinking out loud. Assuming the VA lawyer is correct, the only option would be for a NC lawyer to dissect the CC law and try to find something there. Again good luck. Hopefully someone here can help.

Bustelo5% · Aug 16, 2009

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I think I saw something in the Ohio CCW application about there being a 7 year felony rule. Meaning that if you hadnt commited one in the past 7 years then you could.im prob wrong but u never know.

skidmark · Aug 17, 2009

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Apparently NC is a "May Issue" state (I did not bother to look it up)and your local CLEO just is not willing to listen to your side of the story.

Is there an appeal available if the CLEO denies you a CCW permit? Have you taken that route yet?

Ineed "the rest of the story" before I can decide to feel sorry for you or just wonder why you dropped the ball halfway through the game.

stay safe.

skidmark

PS - Why are you posting this in General Discussion when there is a North Carolina sub-forum full of folks who might have knowlege of the system and advice for you?

Being a N00b should not mean always having to say "I'm sorry".

* edited to add PS

chris in va · Aug 17, 2009

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My friend is going through the same thing with her CC permit in KY.

When your permit was denied, you needed to submit further documentation that you were not CONVICTED of a felony or violent misdemeanor. You can be charged all they want, but it's the conviction that counts.

We're waiting to get the rejection back on her permit so she can give them the papers stating the crime was a misdemeanor and not a felony. The sherriff told her it couldn't be included with the initial permit application and we'd have to wait for the rejection.

BTW North Carolina is 'shall issue' provided you meet the requirements. It's not up to the local LEO.

thompsongunner06 · Aug 18, 2009

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Per my sherrif the class 1 discharge firearm in public is ref a violent crime,,so he and the Atty Gen of NC say its best to turn down my application. Even though the "felony" was reduced and it was over 15 yrs ago that does not matter. I have not dropped the ball half way through,,,,is it worth spending $1,000 plus to still be turned down??? The lawyer I have spoke to here in Dare Co said it would be best to get the Felony off the record,,,but the VA lawyer said that cannot happen.

cmypistol22 · Aug 18, 2009

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BUT if you weren't CONVICTED of the felony then in truth it never did really happen now did it???

hopnpop · Aug 18, 2009

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Bustelo5% wrote:

I think I saw something in the Ohio CCW application about there being a 7 year felony rule. Meaning that if you hadnt commited one in the past 7 years then you could.im prob wrong but u never know.

Michigan here. It's been a few years since I've read literature on this but I have it in my head that any felony will automatically keep you out of the running for a CPL (/CCW/LTCH, etc) permanently. Certain misdemeanors would keep you out of the running for 7 years, and others, I think one year. This is only from memory so don't mistake this for solid facts - but that's how the rules are applied in Michigan IF memory serves me right. If anyone here knows better, please correct me.

thompsongunner06 · Aug 18, 2009

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Never had a Felony conviction,,,,charge was reduced to a class 1 misd. My lawyer(choke choke) pled it down and I offered to resign my job($35,000 yr pay).On the application form it asked for any felony convictions and and history for past 5 years,,,I said "no" truthfully. I think I might appeal it and try it on my own. That will cost me $0.00 but time. It really seems like BS since this was 15 years ago and no problems since. Might see if I can take some personal references to court with me.

Bustelo5% · Aug 18, 2009

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Would there be anyway of making ammends with the Police Dept that you used to work for? and get on the pay roll as reserve or a PD in your area to work for?

American Patriot · Aug 18, 2009

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There appears to be a lot of information lacking in your story. From the information that you posted you plead guilty to committing a crime. If you were innocent why take a guilty plea?

thompsongunner06 · Aug 18, 2009

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Per the Lawyer,,I took his advice,,,,never again. I should have fought to the end but oh well,,I saw what thay did to police officers,,,rake them over the coals,,will not back them etc,,,,,,I regret it every day and have prob had a better life since quiting. What pisses me off the most was there was no intent for me to commit a crime,,the vandels tried to run an officer over and they did not even get charged!:cuss:

Bustelo5% · Aug 18, 2009

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Open the case back up and subpoena any LEOs who were involved and make sure that this dosent happen again in that area to another LEO I doubt there is a statue of limitations on this and any judge with half a brain will see that justice was not done.

mekender · Aug 18, 2009

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Va will not allow for expungment for crimes that you were actually convicted of... even if the charge was plead down... you need to file an appeal with an NC judge... being charged with a felony or convicted of a violen misdemeanor (other than a DV charge) is not grounds for denial of a CCH under NC state law...

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_54B.html

the only possible problem you might have is section 9

(9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

If NC considers a plea agreement in another state as a "prayer for judgement" then you might be out of luck...

GET A LAWYER!!!

Mr. Glock · Aug 21, 2009

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Not to burst your bubble but, where you made the mistake was when you took the plead deal. You should have consulted with your Attorney before you took the offer of pleading guilty for a reduce charge, now what happens is that the original charge you were given is the one that appears on your record for life. You should have stayed fighting the case until the end... Good luck in trying to over turn the conviction.

thompsongunner06 · Aug 21, 2009

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My only problem with this BS is the original charge should not be held against me,,just the end result right??I was NOT convicted of a FELONY,,,but pled to a lesser charge. I can own,carry open and buy firearms all I want. If this prevents me from getting a job it would also be wrong.

mekender · Aug 21, 2009

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thompsongunner06 wrote:

My only problem with this BS is the original charge should not be held against me,,just the end result right??I was NOT convicted of a FELONY,,,but pled to a lesser charge. I can own,carry open and buy firearms all I want. If this prevents me from getting a job it would also be wrong.

I agree, i have a similar situation, an old arrest (no conviction) that shows up that i was originally arrested for a felony... every time i get an NICS run, it gets delayed... when i got my CCH, it took extra time because the lady had to call FL and verify that i was telling her the truth... i cant afford a lawyer to get it taken care of right now, luckily, my CCH is good for another 4 years...

get a lawyer and get this headache fixed before it becomes a problem...

thompsongunner06 · Aug 23, 2009

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Gonna put application in for my C&R FFL license,,,Once I have that I will take sherrif to court,,,also gonna go see the Va Beach police chief,,he was a captain when I was there. He was a pretty good guy then. Will see if we can re open case and drop it all after 15 yrs of no problems. I was turned down for a Census job because of this. I am being treated like a convicted fellon.

Mr. Glock · Aug 25, 2009

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It shouldn't be held against you; but how the system works it's meant to screw peoples lives up. Your case is a good example, I'm not sure if you had a legal aid, or a private attorney for your case. Usually, when a legal aid is representing you they are paid by the state so it's like having the prosecutor on both sides. Even though they are suppose to defend you, they make bad judgements in felony cases (take bad plead deals for you) because of the high volume of other casesof other defendants they have to represent, they can't take their sweet time with you to explain every detail with you about the case,plus they're not getting paid to well when working for the state. This is the reason whylegal aidstake what ever deal the prosecutor gives to you as long as you arenot going to do time and you are OK with it they are OK with it to.For future reference hire a private attorney to take care of any future needs. I know they are many people that don't have this kind of luxury, but consider that the outcome of legal matters can ruin your life permanent. So finding some kind of way to pay for a private attorney is well worth every penny.

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