Posted: 4/2/2009 11:52:42 AM EDT
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I intend to apply for a CCW permit however I'm concerned I may be disqualified and would appreciate your opinion.
Situation: May 2008, went to court for violating RCW 9.41.270 [Weapons apparently capable of producing bodily harm] (for having a Kershaw knife) after an altercation outside outside of a bar. I have no prior record and made a stipulated order of continuance agreement with the prosecuter. The agreement states that the court will monitor my records for 24 months and dismiss the charge at the end of that time assuming no further violations of criminal law. RCW 9.41.270 verbiage: If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license. My concern for being disqualified is as follows - Concealed weapon requirement: No pending trial, appeal, or sentencing on a charge that would prohibit you from having a license. Any experience or insight would be a big help. |
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There are too many possible court related technicalities to sort it out on a forum. You'll need a lawyer or just take a crack at the application.
Just watch yourself on the application. 9.41.070 (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license. |
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I'd say include court paperwork with the application if you go for it, in the interest of full disclosure. Hard to say, sort of seems like a legal "grey area" which a knowledgeable lawyer could better answer.
Curious, why was having the knife a charge? Was it the type of knife, or the fact that you had it in the bar, or the nature of the altercation? Not trying to pry here, if you don't want to discuss the details that's fully understandable. Just curious as to why you would be charged, if it was a legal type of folder, if that's what it was. Fixed double edge blade, maybe? |
| Wait until the charge falls off the radar. It is not worth possibly pissing off the prosecutor. If you would have lost it, it stands to reason that you should not apply for it. Seeking the advice of a lawyer would be a good idea. What were the specific conditions of the deferment? If it was something as broad as "law abiding behavior" a simple speeding ticket could get you into trouble. I would tread lightly in general and wait out the clock. |
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you had a knife at an altercation.
now, you want to carry a concealed firearm for the next time. I dont know the situation but maybe this isn't a good idea for you. Carrying a firearm brings a whole lot of legal standards and can get you into big time trouble if used improperly. Shoul you worry that the prosecutor gets notice about your application and possbily sees this as an escalation to whatever situation you were in? Maybe best to lay low until this is all over, unless you are worried about retaliation from the other party. Obviously, a chat with lawyer may be in order. |