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Thread: Question...

  1. #1
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    My friend was caught with some pot awhile back... is she not allowed to get a CWP? Can she own a firearm? I always thought you just couldnt carry if you were a FELON... shes not a felon lol

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    b1ack5mith wrote:
    My friend was caught with some pot awhile back... is she not allowed to get a CWP? Can she own a firearm? I always thought you just couldnt carry if you were a FELON... shes not a felon lol
    If she has any questions, it would be best to contact the BCI.

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    b1ack5mith wrote:
    My friend was caught with some pot awhile back... is she not allowed to get a CWP? Can she own a firearm? I always thought you just couldnt carry if you were a FELON... shes not a felon lol
    A felony bars you from purchasing or possessing a firearm.

    Less than that will prevent you from getting a CFP. The BCI has a list of different types of offenses and a time period for each. If you've committed one of the offenses within the listed time period, they will generally deny the application.

    As Dave said, the best thing to do is call or e-mail the BCI and tell them what she did, and when. They'll tell you whether or not she can get a CFP (assuming they don't find something else). I had a misdemeanor on my record; I e-mailed and asked and within two hours got a response saying that assuming there was nothing else, I'd get my CFP. I did.

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    As to possession of a firearm: Not all felonies are disqualifying. Some misdemeanors are disqualifying.

    swillden wrote:
    b1ack5mith wrote:
    My friend was caught with some pot awhile back... is she not allowed to get a CWP? Can she own a firearm? I always thought you just couldnt carry if you were a FELON... shes not a felon lol
    A felony bars you from purchasing or possessing a firearm.

    Less than that will prevent you from getting a CFP. The BCI has a list of different types of offenses and a time period for each. If you've committed one of the offenses within the listed time period, they will generally deny the application.

    As Dave said, the best thing to do is call or e-mail the BCI and tell them what she did, and when. They'll tell you whether or not she can get a CFP (assuming they don't find something else). I had a misdemeanor on my record; I e-mailed and asked and within two hours got a response saying that assuming there was nothing else, I'd get my CFP. I did.

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    b1ack5mith wrote:
    My friend was caught with some pot awhile back... is she not allowed to get a CWP? Can she own a firearm? I always thought you just couldnt carry if you were a FELON... shes not a felon lol
    There are other issues at play here. Hopefully she has kicked the habit. She is not a felon right now but if she is caught with drugs and a gun she will be!

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    apjonas wrote:
    As to possession of a firearm: Not all felonies are disqualifying. Some misdemeanors are disqualifying.
    Not under Utah law:

    76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons.
    (1) For purposes of this section:
    (a) A Category I restricted person is a person who:
    (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
    (ii) is on probation or parole for any felony;
    (iii) is on parole from a secure facility as defined in Section 62A-7-101; or
    (iv) within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5.
    (b) A Category II restricted person is a person who:
    (i) has been convicted of or is under indictment for any felony;

    (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
    (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
    (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
    (v) has been found not guilty by reason of insanity for a felony offense;
    (vi) has been found mentally incompetent to stand trial for a felony offense;
    (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
    (viii) is an alien who is illegally or unlawfully in the United States;
    (ix) has been dishonorably discharged from the armed forces; or
    (x) has renounced his citizenship after having been a citizen of the United States.
    (2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his custody or control:
    (a) any firearm is guilty of a second degree felony; or
    (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
    (3) A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control:
    (a) any firearm is guilty of a third degree felony
    ; or
    (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
    (4) A person may be subject to the restrictions of both categories at the same time.
    (5) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.
    (6) It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was:
    (a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or
    (b) otherwise authorized by law to possess the substance.
    There is no mention of any misdemeanor offenses in the definitions of either Category I or Category II persons. Category II does include unlawful users of controlled substances, but if you're no longer such a user that wouldn't apply, and if you are still such a user it applies even if you've never been convicted.

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    I was referring to federal law. Sorry I wasn't clear.

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