CCW disqualifying

[Al Norris]

Section 922(g)(1) prohibits firearm possession by any person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.”

The definitions for the terms used in § 922 are set forth in 18 U.S.C. § 921. 18 U.S.C. § 921(a)(20)(B) defines the term “crime punishable by imprisonment for a term exceeding one year” as not including “any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.”​

The above is straight from the Justice MTD (and the quotes are straight from the statutes - I double checked).

So besides a Misdemeanor Conviction for Domestic Violence (of any kind), as the law currently stands any federal conviction of a misdemeanor that could have led to a sentence of more than one year, or a State misdemeanor conviction where the sentence may be more than 2 years, disqualifies anyone from possessing firearms (or ammunition).

Now add to that mix, there may be individual State prohibitions on who are prohibited persons (and for how long). CA has a long list of convictions that would result in you being a prohibited person (varies by conviction from 5 to 10 years, IIRC).

Any such prohibition would not be approved for a CCW.

 

[Technosavant]

Al, I think we're on the same page.

It isn't that assault itself places you into a prohibited category, it is the potential length of the sentence you might have received for the charge. If it was under 1 year, a misdemeanor, not against a domestic partner, and state laws don't "fill in the gap" (so to speak), you can still own a firearm and potentially get a CCW.

Example:
In Missouri, if you are convicted of 3rd degree assault, it can be either a C-level or an A-level misdemeanor. Even as a mis-A, it carries a potential penalty of less than one year in jail. Therefore, you are not a prohibited person. After 5 years from the date of the conviction, you would even be eligible for a CCW in Missouri, because the statute holds a 5 year waiting period after conviction for any violent misdemeanor.