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Thread: CCW Permit application questions

  1. #1
    Regular Member MarkD51's Avatar
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    CCW Permit application questions

    I have had interest of applying for a CCW in the state of NM.

    One of the questions that I believe is on the application, was "were you ever arrested"?

    Well, I can think of two occasions in my long long past, about 37 years ago in another resident state (ILL), once for a couple of joints in my possession, and another for being at the wrong place at the wrong time, and being arrested for disorderly conduct.

    In both cases, I was not convicted, I was about 18-19 years of age. I am now 56 years old, and have never been arrested since.

    So, what answer do I place in the box for an answer? Yes, or no?

    If yes, do I then have to explicitly explain what I mention above?
    Or, do I ignore such a trivial question on the application form?
    In other words, which will be the less of the "two evils"?

    I certainly would not like being turned down for falsification of the application, yet also maybe feel this was such minor things in my far past, is it worth even mentioning?

    Does anybody know? Thanks
    Last edited by MarkD51; 03-17-2011 at 11:59 PM.

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    Is there space for an explanation? If so I would probably check yes and then write something like: "Two minor misdemeanors, over 30 years ago, no convictions".

    From what I heard, in some States you can legally answer "no" once the statute of limitations have expired or if the record was expunged.

    I am not familiar with the laws in your state but if it is a "shall issue" State than I don't think you will have a problem. I dont know of any "shall issue" States that bar permits because of an arrest unless charges are pending or the case is ongoing.

    It might be a good idea to ask this question in your state's forum.
    http://forum.opencarry.org/forums/fo...rom-The-States


    I am not a lawyer this is not legal advice.
    Last edited by END_THE_FED; 03-18-2011 at 06:53 AM.
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    You have been arrested. The answer is yes. Saying no would not be a lesser evil. It would simply be a lie.

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    Founder's Club Member Tess's Avatar
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    Quote Originally Posted by eye95 View Post
    You have been arrested. The answer is yes. Saying no would not be a lesser evil. It would simply be a lie.
    What eye95 said.

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    Regular Member MarkD51's Avatar
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    Quote Originally Posted by eye95 View Post
    You have been arrested. The answer is yes. Saying no would not be a lesser evil. It would simply be a lie.
    Hello,
    What you say makes perfect sense.
    Honestly, I have no idea if such past records of mine were truly expunged, as I had made such requests for them to be years ago.


    Such minor arrests are trivial, was part of growing up I guess, and as I previously mentioned, there were no convictions with those incidents. I haven't even had a parking ticket in the past 30 years, let alone any other incidents, such as DWI's, moving violations, nada. My record is as clean as a baby.

    Still, I'm hesitiant about forking over a $100 CCW Fee, besides the Fees instructors will charge me for training (about $250 total), to see that money be "what I would feel" would be illegally taken from me should the state deny my application.

    I'm very usure what the outcome would be? Mark

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    Totally understand the hesitation-but, consider:
    If you are honest, and just put it down, they'll look it over in the background check,and likely move on. If you fail to mention it, and it comes up in the background check-then you can be denied and possibly charged with faslifying a legal instrument,or words to that effect.. at least in Florida, you could.

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    Quote Originally Posted by j4l View Post
    Totally understand the hesitation-but, consider:
    If you are honest, and just put it down, they'll look it over in the background check,and likely move on. If you fail to mention it, and it comes up in the background check-then you can be denied and possibly charged with faslifying a legal instrument,or words to that effect.. at least in Florida, you could.
    Mark, j4l nailed it. Please note, the question is "Have you ever been arrested?" not "Do you have any arrests that have not been expunged?" I would still recommend a yes, even if you think the arrests have been expunged. Just provide an explanation.

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    No matter how long it's been, yes would be the ideal answer. I think I would hold off the application and nail down the status of you past arrests first. It sucks to delay getting the permit, but it would also suck to lose the application fee should you get denied.

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    Regular Member JamesB's Avatar
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    Quote Originally Posted by trailblazer2003 View Post
    No matter how long it's been, yes would be the ideal answer. I think I would hold off the application and nail down the status of you past arrests first. It sucks to delay getting the permit, but it would also suck to lose the application fee should you get denied.
    I disagree here. While I am no expert on NM law, I really don't think it's going to matter.
    The status of a misdemeanor possession 30 years ago shouldn't matter to them at all. Even if you had been found guilty and served say 90 days... It was 30 years ago.

    I agree wholeheartedly with: Check yes, and if space provided say misdemeanor 30 years ago, no convictions. I would not even be specific on what the charges were. Likely they are out of the system and if not, they will find out the charges for themselves. You did not lie on the app.

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    Quote Originally Posted by JamesB View Post
    I agree wholeheartedly with: Check yes, and if space provided say misdemeanor 30 years ago, no convictions. I would not even be specific on what the charges were. Likely they are out of the system and if not, they will find out the charges for themselves. You did not lie on the app.
    I disagree. Check yes and be specific on the charge details. The application asks for an explanation if yes is the answer.

    NM being a "shall issue" state, if you do not have the specific dis-qualifiers the permit application cannot be denied. So, if the OP has no convictions his permit application will be approved. Pretty much guaranteed according to the info he gave.

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