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Missouri Concealed Carry Forum


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CCW DENIED
Posted by: JimC
Date: April 02, 2012 08:36PM
My wife was denied her ccw in St Louis City. The letter stated. A complete records check has revealed that in 1975, she was charged by the STL P.D with possession of a controled substance. It is unknown if the charge was a felony or misdemeanor, and the charge DOES NOT have a final disposition. It will be necessary that we provide a certified copy of the final disposition prior to the possible issuance of this endorsement.
This is a mistake she has never been charged with any thing. We have a call into the Attorney for the Sheriff but have not heard back from him yet. Just looking for advice. Not sure how to prove something didn't happen 37 years ago.

JimC

Re: CCW DENIED
Posted by: CCWTrainer
Date: April 06, 2012 09:31PM
The law is clear. If a person has ever plead guilty to or been convicted of a felony, they get denied. Some get caught off guard by this because they thought probation, sucessfully completed, meant no record. The problem is they had to plead guilty to be offered the probation in the first place so it's a legitimate reason for denial under the MO law.

If this is not the case the remedy would seem to be small claims court ($10 filing fee). The burden there will be on the sheriff to prove either of those reasons for denial because they have the records you don't. If that's too much hassle, a non-resident Florida permit would make her legal to carry in MO.



Greg
http://www.stlccw.com/

Re: CCW DENIED
Posted by: JimC
Date: April 11, 2012 09:18PM
We had to get a certified copy of my wifes St Louis city police record that stated she had no record. It took up half of a day runing around and dealing with a stubborn Deputy in the Sheriffs office but at the end of the day it all worked out.

Re: CCW DENIED
Posted by: skipit91
Date: April 17, 2012 10:30AM
Jim,
From the research iv done since Jan. 12 the lawyer & others I contacted say you need to get the Original arrest record expunged & either lawyer up "up to $800.00 to get it expunged or do it your self.
It is a complicated procedure but explained clearly on a few you tube vids I saw.
That is a Must for the NICS Appeal since they will not dig that deep into your original charge.
I know of a person who got deny ed over a pot sale at age 17 but the record shows it as he was 18. That was 42 yrs ago

Re: CCW DENIED
Posted by: skipit91
Date: April 17, 2012 10:36AM
Greg,
Would one go for a Florida permit & Not disclose a "felony controlled substance" that was committed at age 17 with saitsfyed probation over 40 years old but shows up on the rap sheet as age 18?

Re: CCW DENIED
Posted by: CCWTrainer
Date: April 17, 2012 10:56AM
If it was not a crime of violence and over 5 years ago I don't think Florida would deny.

Go here and look at the eligibility PDF:
http://licgweb.doacs.state.fl.us/weapons/index.html



Greg
http://www.stlccw.com/

Re: CCW DENIED
Posted by: mikemacmo
Date: April 18, 2012 09:47PM
I was denied my CCW because of the "plea of guilty" even though I wasn't convicted wording of the Missouri statute. I wrote my congressmen about getting the wording changed but have not heard back yet. Saw today that Nebraska had similar wording to MO and changed it today. Bill passed, signed by Governor, and put in effect immediately!

http://www.nraila.org/legislation/state-legislation/2012/04/nebraska-governor-signs-two-pro-second-amendment-bills-into-law.aspx]NE law[/url]

Mike



Edited 2 time(s). Last edit at 04/18/2012 09:51PM by mikemacmo.

Re: CCW DENIED
Posted by: CCWTrainer
Date: May 03, 2012 12:29AM
Your congressman will be unlikely to help with a state law as he introduces and votes on federal legislation in Washington and has nothing to do with what goes on in our state capitol. Your State Senator and State Representative are the people to contact.

http://www.senate.mo.gov/llookup/leg_lookup.aspx

http://www.house.mo.gov/member.aspx



Greg
http://www.stlccw.com/