Delaware Concealed Carry Forum

General => New Member Introduction => Topic started by: susbox4444 on July 10, 2013, 10:35:12 PM

Title: CCW Application Criminal History
Post by: susbox4444 on July 10, 2013, 10:35:12 PM
    Hello everybody.. Im in Delaware & Im new to this site & have a question & I hope you guys can provide some feedback for me.. I finished my class a few weeks ago, posted my ad in the newspaper, got my finger prints, got my references & photo, so now I need to fill out the application.. So, Im stuck on filling out about my criminal history.. I can technically answer yes to every question on here (I know not good) but don't know if I should.. *I had a under age consumption at 16 (so that the alcohol question). *My parents put me in Meadow Wood for running away when I was 15 (so there the mental home question) *I had a felony drug charge at 18 (thats the obvious drug question).. All of these charges happened when I was a minor.. Except the felony when I was 18.. I haven't been in any trouble since & I am now 36.. I got a pardon on my felony & other charges about 7 years ago which abled me to get my rights back, so I can now vote & have firearms.. I came a long way.. I now have a family, house, & business.. Im a barber so I deal in cash.. I wanna be able to protect myself & family at all times (the world is getting crazy)..  I decided to take it a step further & go for my CCW so this is why Im here.. So my question is: how should I answer the 4 questions?? Do I say no because I was a minor or say yes  & send them my approved pardon along with comments because its the truth?? I came to far & I don't wanna mess this up.. Thanks for taking the time to help me out
Title: Re: CCW Application Criminal History
Post by: SturmRugerSR9 on July 10, 2013, 11:45:30 PM
Honesty is suppose to be the best policy, it's said. I would go ahead and if you are turned down, you always have the right to appeal.
Title: Re: CCW Application Criminal History
Post by: Newlife503 on July 11, 2013, 12:09:40 AM
Honesty is suppose to be the best policy, it's said. I would go ahead and if you are turned down, you always have the right to appeal.

I agree.  The questions state "have you ever" not "have you ever since the age of 18". They may consider a no as a lie if they find out about your past.  A lie could mean automatic denial.  And like sturm said if denied you could always appeal and present your case.  Just my opinion.
Title: Re: CCW Application Criminal History
Post by: susbox4444 on July 11, 2013, 12:14:20 AM
I am thinking the same thing.. The only thought that has me thinking the other way is that when I go and purchase my guns I check no all the way down & get approved..
Title: Re: CCW Application Criminal History
Post by: JOET on July 11, 2013, 12:19:04 AM
But a state backround check and a federal is not quit the same....but you can  always open carry while you wait if you have to appeal.
Title: Re: CCW Application Criminal History
Post by: oldgraygeek on July 11, 2013, 12:31:16 AM
I am thinking the same thing.. The only thought that has me thinking the other way is that when I go and purchase my guns I check no all the way down & get approved..

That won't happen. They will find the record, and then they'll deny the application for untrue answers and you won't win an appeal.

You'll have a much better chance if you are honest about it up front, and provide a thorough explanation of the circumstances and timing.

Just my opinion. I am not a lawyer; your mileage may vary.
Title: Re: CCW Application Criminal History
Post by: poster formerly know as Silverbullet on July 11, 2013, 01:24:17 AM
DId you say you had a felony drug charge at 18?

I thought the felony would disqualify
Title: Re: CCW Application Criminal History
Post by: susbox4444 on July 11, 2013, 01:54:47 AM
Yes I did but I received a pardon from the governor about 7 years ago & got my rights back
Title: Re: CCW Application Criminal History
Post by: poster formerly know as Silverbullet on July 11, 2013, 02:08:35 AM
Yes I did but I received a pardon from the governor about 7 years ago & got my rights back

This might be an off topic, but just out of curiosity are you connected? it seems pardons are hard to get. IF you were pardoned it would seem a non issue then.
Title: Re: CCW Application Criminal History
Post by: seniorgeek on July 11, 2013, 03:27:19 AM
I agree with Siverbullet and Oldgreygeek that honesty is the best policy in this case. I would attached all you paper work showing the pardon, plus explanation on the others. Since it has been over 10 years, which seems like the the magic times frame, I would "guessestimate" you changes are better the 75%.   
Title: Re: CCW Application Criminal History
Post by: Moosie on July 11, 2013, 04:01:48 AM
were you pardoned or was it expunged?  There's a difference. 

If if was expunged then you answer no to everything.  If it was pardoned but still on your record, then you answer yes. 

Moosie
Title: Re: CCW Application Criminal History
Post by: susbox4444 on July 11, 2013, 08:45:12 AM
Silverbullet no I am not connected lol (would be nice though) I been out of trouble for 18 years now.. And the pardon was about 7 years ago.. The process was similar to the CCW except that I had a lawyer & had to stand in front of the state board.. Moosie it was pardoned.. I really appreciate all the feedback.. Seniorgeek I'll take a 75% chance anyday :)
Title: Re: CCW Application Criminal History
Post by: kathy1 on July 13, 2013, 02:19:48 AM
I will chime in that 'honesty is the best policy,' they will find the records.  U need to attach all of the appropriate documentation but I will try to come up with an article that was posted by One Million Moms about a former soldier who was turned down for a gun purchase due to a 31 year old misdemeanor drug charge (he was 17) at the time he was caught smoking pot.  He is appealing the ruling but I couldn't tell from the article whether he answered yes or no to the drug question.  I will try to find it and post it here for u, okay.
Title: Re: CCW Application Criminal History
Post by: susbox4444 on July 13, 2013, 11:01:02 PM
Ok thanks
Title: Re: CCW Application Criminal History
Post by: ESPMan on July 13, 2013, 11:47:26 PM
Whether it was expunged or pardoned, I would say answer yes to the questions that apply, and have your paperwork regarding those cases in order. You may have your rights back, but that doesn't mean a judge will sign off and say yes. However, as it was said, you could appeal if you're denied.
Title: Re: CCW Application Criminal History
Post by: gthomas582 on August 19, 2013, 06:13:25 PM
Nobody has mentioned this yet but if they deem him to be lying then wouldn't lying on the application be a crime? Maybe even a felony?