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Old January 21st, 2020, 10:46 PM #11
Jmws3000 Jmws3000 is offline
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Jmws3000 Jmws3000 is offline
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I submitted application on 10/21/19....denial letter was generated 1/14/20
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Old March 1st, 2020, 07:12 PM #12
rascal rascal is offline
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rascal rascal is offline
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Quote:
Originally Posted by Jmws3000 View Post
I have a clean record now...I had a misdemeanor expunged last year that occurred back in 1996. That was the only thing that could have caused gun purchase denial back in 2005. I never looked into why I was denied back then. But it seems the only reason DC denied my CCW was because of my attempt to purchase and the denial back in 2005. Not sure how to move forward with appeal.
So there is the 1996 conviction, which should not affect you as it is expunged, but a second event in 2005 where you were denied since the 2005 disqualifying crime was not yet expunged. Question you might want to answer here, but still consider are: In 2005 did you fill out a 4473 stating no prior conviction? That would be a false 4473.
Question yo might want to ask MPD: is the 2005 bad 4473 the reason for current denial of DC CCPL?

Quote:
They’re only saying I was denied because they seen that I got denied in 2005 when I tried to purchase a firearm
Your problem is they can state that this constituted an attempt to break firearm law. From their point of view they probably see this as not a attempt to buy a gun, but an attempt to illegally buy a gun.

I know that in DC certainly was denying even gun registration (not carry) to persons with zero convictions but who had had gun crime arrests; in at least one case the person successfully appealed, but did not win on the fact that there were no convictions, but that the arrests were all over five years old.

I think you want to get an attorney. since the case I mentioned above the Virginia based attorney actually won the District of Columbia case for his client you may want to use that attorney, or alternately seek advice of firearms law attorney George Lyon who is extremely familiar with DC law.

I am sending you a link to that case by PM. Again it is a registration case not a CCPL case. I don't want to post it here since it named the guy and it may affect his privacy even if available from google. But I assume the process is similar, and it does name his attorney.
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Old March 1st, 2020, 07:17 PM #13
rascal rascal is offline
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Quote:
Originally Posted by Jmws3000 View Post
I submitted application on 10/21/19....denial letter was generated 1/14/20
FYI you have 15 days to appeal, they could deny your appeal if done in less than 15 days and require you to reapply, be denied again and appeal
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Old March 1st, 2020, 07:21 PM #14
rascal rascal is offline
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Quote:
Originally Posted by BlueHeeler View Post
I do not know the appeal process, but it probably depends on what they found in MD.

Anyway these are the requirements, for a DC CCW:

1. Must be 21 years of age or older (18-21 with the authorization or a parent or guardian)
2. Not convicted of a weapons offense, or a felony in any jurisdiction (including a crime punishable by imprisonment for a term exceeding one year).
3. Not under indictment for a crime of violence or a weapons offense.
4. Not convicted within the past five years for narcotics or dangerous drug offense, a threat to do bodily harm, or for assault.
5. Not acquitted of any criminal charge by reason of insanity or adjudicated a chronic alcoholic by any court within the past five years.
6. Not voluntarily or involuntarily committed to any mental hospital or institution within the past five years.
7. Not suffer from any physical defect that would make it unsafe for you to possess and use a firearm safely and responsibly.
8. Not found negligent in any firearm related mishap causing death or injury to another person.
9. Not convicted of a misdemeanor intrafamily offense.
10. Not dishonorably discharged from the U.S. Armed Forces.
11. Not a citizen of the United States who has renounced his or her citizenship.
12. Not legally blind.
13. Not convicted of two or more violations for driving under the influence within the past five years.
14. Not the subject of a civil protection order within the past five years.
15. Not convicted of Stalking within the past five years.
16. Not convicted of negligent storage of a firearm or a violation of the Firearms Registration Act within the past five years.
17. Not had a history of violent behavior within the past five years.
18. Has completed firearms training provided free of charge by the Metropolitan Police Department.
19. Completed a firearms training course by an instructor certified by the Chief ( You may apply for an exemption based on previous training within the past 2 years)
20. Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance, unless the habitual use of a controlled dangerous substance is under licensed medical direction.
21. Has not exhibited propensity for violence or instability that may reasonably render a person’s possession of a concealed pistol a danger to the person or another.
22. Does not currently suffer nor has suffered in the previous five years from any mental disorder, illness, or condition that creates a substantial risk that he or she is a danger to himself or herself or others.
Am I right that this is drawn from registration requirement via § 7–2509.02.
Quote:
(a) A person who submits an application pursuant to § 22-4506 shall certify and demonstrate to the satisfaction of the Chief that he or she:

(2) Meets all of the requirements for a person registering a firearm pursuant to this unit, and has obtained a registration certificate for the pistol that the person is applying to carry concealed;
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