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Thread: Utah CCW and booze

  1. #1
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    north mason county, Washington, USA

    Utah CCW and booze

    Im in washington state and thinking of getting the utah CCW so im covered in so many more states.
    im concerned about the requirement that you cant have been convicted of any offence involving alcohol.
    my problem is a DUI in 2001, i did my time, payed my fines.
    ive also gone to counceling, probation, a breath tester on my car for a year, and AA for two years.
    I never drink and drive anymore, and i dont drink and handle my firearms either!
    Soooo, do you know if this is a problem, or has it been so long that statuate of limitations negates my wrong doing??
    Can i still get the CCW?
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  2. #2
    Regular Member
    Join Date
    Aug 2009
    Grantsville, Utah, USA
    You could try for Expungment first.

    Reasons for Denial:
    Capital felony U.C.A. 77-40-105(2)(a)(i)
    First degree felony U.C.A. 77-40-105(2)(a)(ii)
    Violent felony U.C.A. 76-3-203.5(1)(c)(i)
    Automobile homicide U.C.A. 77-40-105(2)(a)(iv)
    Felony DUI Alcohol/Drugs U.C.A. 41-69-501(2)
    Registerable sex offenses U.C.A. 77-27-21.5(1)(n)
    A proceeding is pending or being investigated 77-40-105(2)(b)
    Dismissal with an intervening arrest U.C.A. 77-40-104(1)(b)
    Statute of limitations has not been met U.C.A. 77-40-104(1)(c)(iv)
    Fines, interest, and restitution not paid U.C.A. 77-40-105(3)(a)
    Time required by law not met 77-40-105(3)
    Two or more felony criminal episodes U.C.A. 77-40-105(4)(a)
    Any combination of three or more convictions that contain two class A misdemeanors U.C.A. 77-40-105(4)(b)
    Any combination of four or more convictions that contain three or more class B misdemeanors
    U.C.A. 77-40-105(4)(c)
    Five or more misdemeanors or felony episodes U.C.A. 77-40-105(4)(d)

    Time period does not begin until all confinement and probation has been completed.

    Time Periods:
    10 years - Any alcohol/drug related traffic
    7 years - Eligible Felonies
    5 years - Class A Misdemeanor
    4 years – Class B Misdemeanor
    3 years- Class C Misdemeanor and infractions
    30 days - Dismissals
    Last edited by kdt1970; 07-16-2010 at 07:56 AM.

  3. #3
    Regular Member
    Join Date
    Mar 2009
    SLC, Utah, USA
    You can always call the Utah BCI (bureau of criminal investigation) and ask them. They are the people that are in charge of giving out permits. 801-965-4445 They will be able to answer pretty much any question about it.

  4. #4
    Join Date
    Jul 2006
    Quote Originally Posted by 1245A Defender View Post
    Soooo, do you know if this is a problem, or has it been so long that statuate of limitations negates my wrong doing??
    Can i still get the CCW?
    The statute of limitations prevents prosecutions. It is of no effect here.

    However, after some period of time, BCI will likely grant a CCW even though you had an alcohol related conviction in your past. I do not know what that time period is. But as another poster has suggested, I'd encourage you to simply call BCI and ask them. They really are very good to work with and I'd bet you have an answer within just a few minutes.


  5. #5
    State Researcher
    Join Date
    Jan 2007
    Lebanon, VA

    Lightbulb Utah CFP statute

    A person who has 1 DUI conviction from 9 years ago will likely be able to get a Utah concealed firearm permit. An applicant who has a DUI conviction simply needs to truthfully answer the application and include a statement on the facts of his or her case.

    Utah Code § 53-5-704(2)(a) provides that "[t]he bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder . . . has been or is convicted of an offense involving the use of alcohol[.]" However, Utah Code § 53-5-704(2)(b) provides that "[i]n determining whether an applicant or permit holder meets the qualifications set forth in Subsection (2)(a), the bureau shall consider mitigating circumstances."

    In general, the passage of time and the lack of multiple offenses is generally sufficient for the Utah BCI to find sufficient mitigation in an individual case and grant a permit. The big key is that an applicant disclose the conviction honestly on the application and enclose a separate, written statement on the facts of his or her case showing that by virtue of the amount of time that has passed and the lack of repeat or multiple offenses, he or she is a suitable person to be issued a permit.
    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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