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I hope I'm in the right spot to post this question. Basically my wife and I are wanting to start the process of getting our concealed carry licenses. We live way out in the country and there are literally no cops around so most people just carry, no big deal. But I want to do it right, especially for when we go in to town or go to the city... So a couple questions about the application.... 20 years ago, I got arrested for having a marijuana pipe, got bailed out before I even stepped in the cell, got differed, which I think means it's no longer on my record. So, on the application, when it asks if I've ever been convicted of a misdemeanor, do I put 'yes' or 'no', being that it's no longer on my record? Would a very minor pot charge 20 years ago be a deal breaker? Also, what about my wife, she had a DUI like 7 years ago before we met? I live in Oklahoma, does it vary from state to state? Thanks in advance for any help
 

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I'm not a lawyer, so can't give you legal advice, but I will tell you what I would do. I would answer all questions, honestly, and let the chips fall where they may. Lying or omitting information on an application that will be run through a background check is not a smart move. As for the pot incident, were you convicted or just arrested? Two very different things. An arrest is not a conviction. That much I do know.

Yes, every state is different, so these questions should be asked of the licensing agency in your state.
 

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I'm not a lawyer, so can't give you legal advice, but I will tell you what I would do. I would answer all questions, honestly, and let the chips fall where they may. Lying or omitting information on an application that will be run through a background check is not a smart move. As for the pot incident, were you convicted or just arrested? Two very different things. An arrest is not a conviction. That much I do know.

Yes, every state is different, so these questions should be asked of the licensing agency in your state.
I totally agree with NCG. All states are different, and circumstances can vary. You could see if your state has an official website that discusses concealed carry requirements. In Virginia, all our info is on the Virginia State Police website, including the application forms that can be downloaded and printed. The online info will give you some idea of whether you're okay or not.
 

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I am guessing by differed you mean deferred adjudication which can mean several things depending on the state it happened in. Just out of curiosity how have you answered the form 4473 when you purchased a gun? Have you been denied?

In Oklahoma it's deferred sentence expungment.

http://www.ok-criminal-defense.com/deferred-sentence-expungement

My advice is ask to the issuing authority informally and if you don't like the answer they give you then talk to a lawyer.
 

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Discussion Starter #6
When I purchased the gun, none of the questions had anything to do drug convictions or anything like that, they only asked if I've ever been convicted of a felony, domestic abuse, if I was medically ill, a fugitive from Justice, etc etc, which I answered all questions honestly no, no, no, no...... No problem. But I'm assuming the concealed carry app will be more detailed. I was arrested, as a minor, was never fingerprinted, no mug shots, actually they never read me my rights.... Anyway, my lawyer got me deferred, saying if I do my community service and stay out of trouble, my record will be clean. Haven't gotten in trouble since. I guess I need to contact the court or someone to double check, I mean I've done a few background checks and nothing ever came up... I've read online that in my case, I have to say yes if asked if I've ever been arrested, but I can say no about being convicted. But u know how the Internet can be.
 

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Don't know about Oklahoma, but I don't remember my Wisconsin application being any more detailed than filling out paperwork to buy a gun.
 

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Discussion Starter #11
I talked to a local gun instructor. He said to contact osbi with any questions but basically oklahoma is a 'shall issue' state, as opposed to a 'may issue' state and as long as I'm honest (which of course I would be) and apply 'in good faith', my 20 year old pot incident wouldn't be a problem. And although I can legally say 'no' to a question about having ever been convicted of a drug charge (being that it's off my record), applying in good faith means I answer yes and get an extra gold star for honesty. Basically I have nothing to worry about as long as I'm not a felon, a wife beater or a fugitive so it's all good ��
 

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Good luck and let us know when you get it. Then we call all give you a different opinion on a carry gun.
 

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What I don't understand about people that ask legal questions....

Why would you ask someone other than the officials that have the exact answers.....

To me, his questions can be easily answered by his atty.

No matter what we say here is of no value to his situation.
 

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I'm fairly certain he has nothing to worry about with the pot incident, however, she may have a problem with the DUI conviction no matter how old it is. I would be more concerned about the wife than the husband. They don't want domestic abusers, drinkers and felons. I'm not certain about the DUI, but, that may be problematic for her. I wish her luck. What happened several years ago should not affect her right to carry today.
 

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To a degree I agree. If she made a mistake several years ago and got a DUI then I can't see why that should be an issue. If she has gotten a DUI every year for the last 5 years then it should be a problem. The thing with pot is there is a question on form 4473 about it. I'm wondering if those on medical pot are creating a legal issue for themselves.
 
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