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Concealed Carry Permit Denied In Error?? Help!

4K views 5 replies 5 participants last post by  Karl 
#1 ·
Hello All,

I'm looking for help and/or advise.

I received in the mail today a denial letter from the Utah Department of Public Safety.

The letter states that my application for a Utah Concealed Firearm Permit has been denied based on a misdemeanor arrest I had back in June 2011 in the state of California involving 1 count of battery on person and 1 count of resisting arrest. Yes, I was arrested. But, the only charge that stuck was resisting arrest which I plead guilty to. The DA never filed charges for the battery because it never happened. So the letter further states that because the arrest record of battery on person is coming up, that it could possibly involve domestic violence.

I doubled checked my arrest record and indeed it only shows arrested for 1 count of battery on person and 1 count of resisting arrest but only being charged for resisting arrest nothing else.

Keep in mind that I do currently own and can purchase firearms here in IL. No problem.

This is for a non-resident app by the way. I live in Illinois.

I'm getting ready to appeal by mail. I will be submitting the court records which shows evidence of the only charge convicted of is resisting arrest.

Question: How should my appeal be written? Is there a format I should follow? Is there anything else that I should include as part of my appeal?

Thanks in advance for your help.
 
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#2 ·
Resisting arrest is considered a "crime of moral turpitude" and is a disqualifier for a Utah CFP even though it doesn't make you a prohibited person for firearms in general.

Matt
 
#3 ·
Well that sucks!

I have submitted an appeal. I'll see what they come back with.

In the meantime, I'm having the resisting arrest charge expunged as we speak with a California attorney. I may have to wait till the expungement is complete before I can apply again.

Thank you for the info.

Regards.
 
#4 ·
Best case scenario, writing BCI and providing them with all aspects of the issue causing the denial. Asking for them to re evaluate your concealed request. Be honest and candid and if no other issues have occurred since then let the know this. With more personal information from a well written letter they may choose to allow a conceled permit, be prepared for them to say no, and they may even provide information relevant to you becoming eligible in the future.
 
#5 ·
I've seen similar things occur.

From my experience, the following may have transpired:

You checked one or more of the questions [ ] Yes.
You did NOT provide all of the details, regardless of the outcome, in the supporting documentation letter.
You did NOT provide some form of "proof" that this was a one time, isolated incident, of which you have not repeated.

I have seen cased denied where the incident occurred when the applicant was a minor and assumed that it would not be checked or show up in the background check, so they didn't include it or mark it on the application. Because the application didn't reflect the data that was contained in the "system", the applicant was denied.

If the relationship of the individual that the battery was associated with is or was in a relationship with you (domestic partner), then it would be viewed as a charge of "domestic violence."

The older application forms read: "Have you ever been arrested for any offense involving domestic violence?"
The latest application form reads: "Have you ever been convicted of offense involving domestic violence?"

It may be possible that the clerk reviewing your case may have slipped back into the older criteria when looking at the data.
 
#6 ·
Did you get the BCI to change their minds? Just wondering.

I was very fortunate to get mine only 40 days after I submitted everything and paid the fees at the BCI in Taylorsville.

My record is clean in all states, and no traffic citations in several years either.

Now that I have the CFP I obey all traffic laws religiously because I don't want to be pulled over for any reason.
 
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