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Thread: Domestic battery diversion dismissal CC law

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    I had a DB charge that was diverted then dismissed. My question is can I get a CC carry permit and or OC? Since this has been dismissed I have passed a Fed background check to purchase firearms after the background check took around 2 weeks they came back with proceed. Now, Im sure the Fed check found my arrest and then it took awhile to see that my case was Dismissed therefore I was legal to purchase. What is the law on this as far as OC, CC and does any one have any experience with this? Thanks in advance

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    lylemc wrote:
    I had a DB charge that was diverted then dismissed. My question is can I get a CC carry permit and or OC? Since this has been dismissed I have passed a Fed background check to purchase firearms after the background check took around 2 weeks they came back with proceed. Now, Im sure the Fed check found my arrest and then it took awhile to see that my case was Dismissed therefore I was legal to purchase. What is the law on this as far as OC, CC and does any one have any experience with this? Thanks in advance
    Charges not prosecuted - no conviction will have the same effect = NONE.

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    K.S.A. § 75-7c04(a)(6) imposes a 5-year disqualification following placement on diversion for certain offenses.

    You will need to determine whether your case is among those listed. If so, you will have to wait 5 years to apply for a concealed handgun license.

    However, there is pending legislation, SB 306, that would eliminate this disqualification. It has passed both houses in different forms and is now in a conference committee. If it passes and becomes law, it would be effective July 1, 2010.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Where does it address this particular issue in Bill 306? I'm having a hard time finding this.

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    lylemc wrote:
    Where does it address this particular issue in Bill 306? I'm having a hard time finding this.
    I fixed a bad link to the bill above. It should work now. The bill would strike out the diversion disqualifiers (and many others beyond the minimum federal disqualifiers).
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Thank you for the information.

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