Carry permit in SC - criminal record holding me back?

A

Abominator

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I reside in South Carolina. I have a criminal record but am legally allowed to possess firearms.

I'm 24 years old and my criminal record consists of only misdemeanor convictions. Those convictions include:

Concealed weapon - 2006 (age 20)
DWI - 2007 (age 21)
Possession of marijuana - 2009 (age 22)

Those are the more serious crimes on my record. Everything else is small and from my teen years (underage drinking ticket, a few traffic violations, etc.)

Can charges such as these disqualify me from obtaining a conceal-carry permit, despite no felony convictions on my record?

Thanks.
 
Against my better judgement, I'll reply to this one.

SC defers to federal law, so if you're qualified under federal law, you're qualified under SC law.

First off, marijuana use disqualifies you immediately anyway. So unless you've quit cold turkey in the last year, that ends your case right there.

You said you have no felony convictions, so that means you had felony indictments? Are you under felony indictment right now?

Sounds like you've had a mess of a life. The fact that you're trying to carry legally shows you might be trying to turn things around. I certainly hope you've left your past vices behind before you take on the responsibility of carrying a concealed firearm.
 
I have turned my life around.

To answer your question, yes I have felony charges on my record, but they were all dismissed.
 
You seem have a fairly extensive record. Im not sure how SC looks a an accumulation of minor offences. I was able to find this ( from a SC CWP instructors site):

2. Must be able to pass a SLED and FBI background check. . Note: Driving Record: A minor traffic violation will not result in denial of a permit. However, six multiple traffic violations within a five year period can be used as a basis for denial. If you have questions concerning your driving record and if it would cause a problem in obtaining a CWP it is suggested that you call Regulatory Services CWP Question line at SLED. Phone # 1-803-896-7099.

The purpose of standards like these is to determine an applicants resposnibility, judgment, and ability to live within societies system of rules. They don't have the time or resources to do a case-by-case investigation on each individual. In the last 4 years, you have 3 convictions (that you mentioned), including a weapons violation. One could also reasonably presume that you habitualy drink to excess and use a controled substance.

Since they can deny for multipile (non criminal) traffic violations, its reasonable to assume that they can deny for multiple (non felony) criminal violations. Call SLED and see what they have to say.
 
"A mess of a life" is a little harsh.

Abominator, read this page:

http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

Specifically from Federal Categories of Persons Prohibited From Receiving:

Quote:
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year. Unquote

So- advice above re: calling to inquire is sound. Right now if a year has not passed you are prohibited from receiving. How that affects actual ownership/possession and if they will deny your application is the question.
 
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i have no legal background, but if i recall correctly, in SC you can get a handgun/ccw permit at 18, correct? my guess is that you have shown that you cant stick to the basic laws that apply to everyone, so you will not be approved for any future permits for a while, let alone a ccw permit. just my opinion.
 
21 is the age you can get a CWP in S.C.

I think you will probably be denied, because of the concealed weapon conviction and DWI thing.... but I could be wrong, one way to find out.

If denied you can always appeal....'

I got mine and I actually had a felony conviction in 1978........ figure that one out.

you could also ask an instructor, one who has been teaching the class for a long time, and see what they think, or even ask SLED.
 
The concealed weapon thing could be a knife. We don't know yet.

If it's a misdemeanor it still falls within the federal qualifications- SC is a shall issue state so if within those qualifications it doesn't matter.
 
In my experience the processors look for reasons to deny your application, not to approve it and you've given them all the "ammunition" they need......
 
I got mine and I actually had a felony conviction in 1978........ figure that one out.
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So, you're a convicted felon who is committing an additional felony by having a firearm in your possession, and through some administrative error, have been issued a concealed weapons permit? Don't think your CCW permit will be a "get out of jail free" card when the BATFE boys come knocking on your door! :eek:
 
In my experience the processors look for reasons to deny your application, not to approve it and you've given them all the "ammunition" they need......
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I understand the viewpoint, but I do not think it applies in shall issue states. If you meet the actual qualifications there is no subjective bias applied by any individual.

That is a major difference between shall and may issue.

SC does not seem to have any additional qualifiers over the federal ones, such as some states do. Utah is one example that does.

So, you're a convicted felon who is committing an additional felony by having a firearm in your possession, and through some administrative error, have been issued a concealed weapons permit? Don't think your CCW permit will be a "get out of jail free" card when the BATFE boys come knocking on your door!
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There are a number of reasons how this could have happened legally. Different states do things differently and rights can be restored in some of them if you have completed your sentencing and jump through all the hoops.
 
in Florida you would be ok I think although they say a history of drug or alcohol abuse would disqualify. Not very specific

on the other hand South Carolina must be king of vague firearms law. it says
Be at least 21 years of age
Be a South Carolina resident with a drivers license or military ID, or be a qualified non-resident (a resident of another state who owns real property in South Carolina)
Be eligible to possess a firearm pursuant with all state and federal laws
Pass a background check
Show proof of approved CWP training taken within 3 years

But nowhere does it specify what state firearms laws are.
 
if you actually read it you would see that they do not quote specific crimes that disqualify you only the penalties for breaking the laws.

Nowhere in there does it tell you what would disqualify you from purchasing/obtaining a CCW permit.
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As I mentioned upthread- SC does not seem to have any additional disqualifiers over and above the federal ones, as some states do like Utah.

Other states ask more questions in their yes/no section on the permit application. That is where they specify disqualifications and ask if you can pass a background check and if there is anything prohibiting you.

That means if you can pass the federal qualifications as far as criminal record you can be issued a permit in SC.

Actual crimes are not listed, only the classifications and sentences as they relate to prohibition.
 
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