[2therock]

Hi Folks,

I have applied for my permit. I went ahead and ran my own background check.
I am 52 years old, my arrests were in 1974 & 5. No convistions and judifications with held. Probations successfully completed. No jail time. No violence. I was young and dumb. One for possesion of pot and the other of stolen property.
However they were Felony charges. I have been a tax paying model citizen for 37 years now.
I have the opertunity to work under a private investigators license. I am applying for that and a carry permit.
Being only arrested and not convicted, what do you think my chances are for a carry permit?

 

[Gunstar1]

I think it you have little chance on the pot possesion.

Any person who has been convicted* of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
* 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.

So basically unless the pot charge was dropped completly (never saw a judge/did not plea bargin to lesser possesion charge), you cannot get a carry permit.

 

[johnpeace]

So basically unless the pot charge was dropped completly (never saw a judge/did not plea bargin to lesser possesion charge), you cannot get a carry permit.

But you don't need a carry permit to carry a weapon in the course of your duties as a private investigator.

Nor are you subject to the restrictions GFL holders are.

PIs can carry pretty much anywhere LEOs can.

 

[gunsmoker]

Three Comments

1-- If they deny your license, see an attorney and go over what your options are under Georgia law.

2-- If you were not ADJUDICATED guilty, but instead the adjudication was withheld, then this would not be a "conviction" in most cases, but this particular statute says that it even considers "first offender" pleas to be convictions, even though most of the time they are NOT considered convictions if you successfully finish the probation term. So then we have a factual question that you probably cannot answer without consulting the clerk of the court that you dealt with 30 years ago, or your casefile from your lawyer of that time: what was the actual, legal, technical "disposition" of your case?

3-- What the hell was our legislature thinking when they basically said that any drug crime disqualifies somebody from ever getting a gun permit? What is the problem with drugs? Oh, right, drugs cause people to steal, abuse children, and commit acts of violence. However, people who HAVE been CONVICTED of stealing, abusing children, or violent crimes are not automatically banned from ever getting a gun permit by this statute-- only the drug offenders.

So if you do the bad thing that the legislature fears most-- you might still be able to get a gun. But if you committ a non-violent offense that does not involve any stealing, dishonesty, or harm to the life liberty or property of any other human being on Earth, but merely has been linked to such offenses statistically, you lose your rights forever.

 

[2therock]

Re: Three Comments

what was the actual, legal, technical "disposition" of your case?

Thanks Folks,

Below is right out of my FDLE (Fla Dept of Law Enforcment) records. I did not mention all charges were in Fla. Also Felony level arrests.
Ughhh! 21 and dumb!
====================================
COURT DATA-STOLEN PROPERTY- BUY RCV CONCEAL
DISP-ADJ WITHHELD. PROBATION-2Y DISP DATE- 05/26/1975
====================================
COURT DATA-MARIJUANA-POSSESS- STATUTE/ORDINANCE- LEVEL-FELONY DISP DATE-05/20/1976 DISP-DISMISSED
=====================================

 

[foshizzle]

I think your chances are good, if not certain.

Your possession charge was dismissed. It has no relevance.

Your other charge, I'm not sure of. It's a misdemeanor, regardless it no longer applies. No relevance.

In my opinion... go ahead and apply. Speaking from experience, even having old misdemeanor charges will result in them asking for disposition of the case... your background check will conveniently leave out the disposition. Make sure you have certified copies of your court documents... in most cases they can be obtained with a phone call and a check for 5 bucks or so. To be extra safe, obtain the documentation first and attach it with your application.

On a side note, both of those charges can most likely be expunged. I'm not too sure about FL, but I know that if you can vote, you are NOT a felon.. since felons can never, ever vote again in FL. So, since it's been so long, try to get it expunged regardless... get rid of that old crap... might cost you a grand or so to have a lawyer do it... shouldn't affect your 2a at all, but go for it anyways!

 

[2therock]

Going for It for sure.

On a side note, both of those charges can most likely be expunged. I'm not too sure about FL, but I know that if you can vote, you are NOT a felon.. since felons can never, ever vote again in FL. So, since it's been so long, try to get it expunged regardless... get rid of that old crap... might cost you a grand or so to have a lawyer do it... shouldn't affect your 2a at all, but go for it anyways!

Thank you I Will.

 

[mzmtg]

I assume he was/is legally able to buy the gun(s) he plans to carry.

Would the GFL app be more stringent than the instant gun purchase check?

 

[2therock]

Yes I Can Purchase Fire Arms.

I already tested that by having an FFL holder run me through. I passed.

As for the PI carry thing. It makes since because to do such I had to fill out a 17 page application to be submitted to the Secratary of States offices. And a $100.00 fee. Still waiting on that one. I'll post my results from both when they come.

About the 12 week or longer turn around. Do you think it has to do with anti-terrorisim? Could it be they are taking the time to do some heavy screening as to why certain individuals are applying?
It does not make since that a longer turn-around would be more convieniant to them. To me that would be a major bottle neck for them.
Or perhaps they cut jobs and the remaining employees have to carry the weight.

Thanks Again,

 

[Malum Prohibitum]

But you don't need a carry permit to carry a weapon in the course of your duties as a private investigator.

Nor are you subject to the restrictions GFL holders are.

PIs can carry pretty much anywhere LEOs can.

This is new to me. I don't think this is true? Please chime in board experts.
I didn't think that they got any special carry rights and that they had to carry under a GFL.

Run a search on this board, as it has been discussed previously.

Or look here. http://www.sos.state.ga.us/plb/faqs/31%20faqs.htm

and here http://www.sos.state.ga.us/plb/faqs/31%20faqs.htm
(43-38-10(e) and (f))

 

[Malum Prohibitum]

No exemption for schools, marta, WMAs, state parks . . .

 

[Gunstar1]

I assume he was/is legally able to buy the gun(s) he plans to carry.

Would the GFL app be more stringent than the instant gun purchase check?

Yes it is. The GFL cannot be obtained if you were conviced of pot possesion, even if you were pardoned by the governor.

I have a friend that can legally buy a gun but cannot obtain a carry permit.

 

[2therock]

I Was Denied, But.........

.......... there is hope.

The judge in my city is not clear as to the sales of marijuana case and the judification being withheld. He denies it solely on the arrest being a drug charge. Ughhhhhh!

Anyway the light at the end of the tunnel is after hours of phone calls to various FLA government offices, is I am eligible to have that arrest expunged.
The Judge said that was my only hope and I perused it and found out I am eligible.
So some more money and time will have to be tossed into it. I'll post again with the outcome in the near or not so near future.

 

[Malum Prohibitum]

I do not understand something. Were you convicted or was it dismissed? The post above shows it as dismissed, and now you are talking about an expungement.

COURT DATA-MARIJUANA-POSSESS- STATUTE/ORDINANCE- LEVEL-FELONY DISP DATE-05/20/1976 DISP-DISMISSED

Do you mean to tell us that a police officer can arrest me on a charge, even knowing it to be false, and, after I get the charge dismissed, I cannot get a firearms license from your county probate court without some expungement?

Or am I misunderstanding the situation?

 

[2therock]

To Clarify....

.... Sorry for the confusion.
I was arrested on the same day for sales and possession. Somehow the possession got dismissed. The sales (it was barley over the amount to qualify for distribution) was not dropped. I got probation and the judification was "Withheld". I completed the probation successfully.

Now my Georgia Batrow County Judge does not want to hear anything about the judification. The "Drug" arrest was enough for him to deny. This is a small community and I do not want to argue at this point. If all else fails, and I feel I have an air tight case, I will.
But I would much rather have the following in addition to a permit.
I called the FDLE, Expunge/Seal section and was interviewed over the phone and was told if what I stated was true, I would qualify for an expungement of one charge. Well I was reading my record to them right off the check I got from them.
They also told me I was not a convicted felon but could not provide an official state document saying so. They went on to suggest I try the Fla State Dept of Clemency, since they are the ones whom remove the rights of convicted Felons in the first place.
Well this was a waisted call because other than it being out of the norm, I was told it would take up to a year to get.
I am not too sour about all of this. I know I am just reaping what I have sewn and realize it well.
All in stride ladies and gents, all in stride.

 

[Malum Prohibitum]

Re: To Clarify....

I was told it would take up to a year to get.

Might be time to hire a Florida lawyer to make sure this is done properly.

 

[ICP_Juggalo]

I'll give you a recommendation for a Florida Lawyer.

His name is Thom Flynn. He is a pro-gun attorney and a certified firearms instructor for Florida and Utah.

Here is his contact Info: 407-248-8422