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Thread: Concealed carry .. possible hang up

  1. #1
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    about 2 years ago, I was convicted of Public intoxication as the result of a plea agreement. I was arrested and charged with OWI. There was a looming 4th amendment violation in question and the prosecutor chose to offer me a deal rather then spends tax payer money at the state supreme court over an OWI.

    My sentence was a $450 fine, and had to participate in a 48 hour alcohol awareness program. Nevertheless, I was able to qualify to purchase a handgun, but I read

    [4. In the past five years ... been committed to a rehabilitation program for alcohol or controlled substances.]
    Is grounds for denial of a CCW application.

    I don't want to make a false statement denying that this happened because I would then never be able to get a CCW, So what do you recommend? Wait 3 more years and just OC until then or should I get my finger prints taken and send the FBI $18 to receive a copy of my record to see if this made it into my file before I attempt to get a CCW?
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  2. #2
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    I definitely wouldn't want to make a false statement. You're right that under current law that would lead to never being able to get a CFP. I think you need to do research to see if the alcohol awareness program qualifies as a rehabilitation program for alcohol. If it does, it looks like waiting for three years for the five year period to lapse might be the only real option.

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    It doesn't sound like you were locked up, right? Was it more like a class taken over the course of several days/weeks a couple hours at a time?

    I would think the term "committed" refers to being locked up in a place, like a detoxification facility, or something similar.

    Look at NRS 202.360-2.a, which states "...committed to any mental health facility...".

    I didn't find the exact text you quoted below. I do see the NRS 202.3657-3.d.2, which says "Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive."

    NRS 458.290 thru 458.350 discusses the process by which a judge can sentence a convicted person to a rehab program rather than a jail sentence. It is, however, confinement and goes on to say that such confinement is not a criminal conviction. So I would think many first time offenders may elect for this option of going to a hospital rather than jail to be rehabilitated, with the added benefit of their conviction going away.

    This sounds completely different than what you're talking about. I normally wouldn't suggest asking the police for advice, but a quick call to the CCW detail would get you an answer.

  4. #4
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    Felid`Maximus wrote:
    ... it looks like waiting for three years for the five year period to lapse might be the only real option.
    Agreed, I guess it's not the end of the world... everyone has to wait three years to hit age 21, so it's nothing that every 18 year old gun owner hasn't had to deal with.

    I guess for the next three years I'm going to be an OC advocate... Where do I sign up?

    It doesn't sound like you were locked up, right? Was it more like a class taken over the course of several days/weeks a couple hours at a time?
    It was a program where you where required to "reside" at a boarding facility much like a motel or dorm over night for two nights... the night that you checked in, and one night between the two day class. So it's up in the air. It wasn't a Lock down facility, in a sense that you were not free to leave, however if you left, you could be held in contempt of court.
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  5. #5
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    I just got off the phone with my attorney; he was willing to speak with me off the clock. He said to his knowledge, the Class I took was not an alcohol abuse rehabilitation facility, never the less he would find out from the court how it is reported as to background investigations. Nevertheless because this was a simple misdemeanor conviction, I am eligible to have the conviction expunged as of the 2 year anniversary.

    I think I will apply to have the conviction expunged regardless of the impact is has on my CCW application.
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