CCP

Question
QUESTION: Doug, I live in Oklahoma. I have a misdemeanor drug offense to which I plead guilty in 1978, for a small amount of pot (in NJ), $75.00 fine and no probation. The township where I was arrested did not find any record so I went through the NJ State Police. I have the police report I got by requesting a background check using fingerprints.
Section 10 in the Oklahoma rules list any drug offense as disqualifying. However, Section 11 states that a drug offense is disqualifying for either 3 or 10 years (sorry I forget). Which section does the state go by? Either way it is way past that time period if Section 11 is the applicable section. Two questions:
1.  Will I be able to get a permit in OK; which applies section 10 or 11?
2.  Should I include the paperwork I received from NJ in with my application to OSBI? (Will it save time or will it just complicate things?)

I have read and reread the law and I am at a loss. I hate to waste $100.00; I just want someone to tell me how the law is applied to cases like mine. Your help would be greatly appreciated!


ANSWER: Robert,

First, I need to tell you that I am not an attorney.  I cannot give you legal advice about the law in Oklahoma.  If you want a definitive answer, you should consult an attorney that is licensed to practice law in Oklahoma.  That said, I'll give you my opinion based on my reading of the Oklahoma law you cite.

In TITLE 21 ?1290.10. Mandatory preclusion, specifically 5(e) states that "any conviction relating to illegal drug use or possession" will result in the denial of a handgun license.

In TITLE 21 ?1290.11. Other preclusions, 10(e) states that:  "An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state:

a. any assault and battery which caused serious physical injury to the victim or any second or subsequent assault and battery,

b. any aggravated assault and battery,

c. any stalking pursuant to Section 1173 of this title, or a similar
law of another state,

d. any violation of the Protection from Domestic Abuse Act,
Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any
violation of a victim protection order of another state,

e. any violation relating to illegal drug use or possession, or

f. an act of domestic abuse as defined by Section 644 of this title
or an act of domestic assault and battery or any comparable
acts under the law of another state.

The preclusive period for this paragraph shall be three (3) years and shall begin
upon the final determination of the matter."

The difference between the two sections is essentially this:  In Section 10, the appropriate phrase is "conviction".  In Section 11, the law references "arrest".  Based on my reading, if you are 'convicted', you will be denied.  If you are 'arrested' but are subject to deferred prosecution (charges dismissed 'without prejudice' would be an example), you cannot be issued a handgun license until 3 years after final disposition of the arrest.

Let me give you an example.  Let's say you were arrested for drug possession, but never charged or tried or the charges were dismissed 'without prejudice'.  If it was a misdemeanor, the typical statute of limitations is one year.  That would mean that after one year, the prosecutor could no longer pursue the charges.  Then it would be another 3 years before you could get a handgun license.

Unfortunately,  from what you have told me, you were actually 'convicted'.  You plead 'guilty' and paid a fine.  By being 'convicted', section 10 states that you are ineligible for a handgun license in Oklahoma.

I know this seems a little unfair, but based on my reading of the law, that's the way I see it.  Again, if you want something really authoritative, you should talk to a criminal attorney in Oklahoma...

Regarding the paperwork from New Jersey, if you submit it with an application, you are virtually guaranteeing that you will be denied.  If you were able to find the records, you can be pretty well assured that a criminal records specialist that is doing their job properly will also find it.

Of course, it is your decision whether you want to submit an application or not...

I hope this helps clarify the confusion...

Regards,

Doug



---------- FOLLOW-UP ----------

QUESTION: Thank you soooo much for that clarification Doug. Is it possible to get a non-resident ccw from another state like Fla.? Geeez I thought Oklahoma was relatively easy for the permits as a Shall Issue state!

Is it possilbe to appeal or get a hearing to present my side and demonstrate what a good citizen I am now, and if there is, it is generaly worth it? I guess I am looking for options. It just dosen't seem fair, I have been involved in Boy Socuts, Cub Scouts as a leader, 20 years in the military, ect. It just seems like ther should be a way. 3 Doobies 34 years ago........Guess there is a lesson in there somewhere! Thanks again for your help Doug.

Answer
Robert,

I understand your frustration.  You can get a non-resident permit from another state, but you cannot use it in OK where you are a resident.  As a resident of OK, you are only allowed to carry a concealed weapon on an OK Concealed Weapons permit.

I realize it doesn't seem fair and that it seems to be a high price to pay for such a small mistake so long ago.  The only solution for you is to get the law changed.  If you have a Concealed Carry Association or a State Rifle and Pistol Association, get them to propose a change in the law.  You can also write to your state legislator.  Laws are MADE by the legislature and can be CHANGED by the legislature...

The lesson is that sometimes legislators find reasons to say 'No' that don't make sense in today's society.  You can be an agent of change...  You have already shown an interest in becoming involved in your community and being a positive force through your work with the Scouts...maybe there is another area that where you can become a force for positive change (hint, hint).

Best regards,

Doug