Does my probation prohibit me from getting my license to carry a concealed weapon?

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Does my probation prohibit me from getting my license to carry a concealed weapon?

I was convicted of a misdemeanor DUI 1st offense. I did my jail time, paid all my fines, got my license back; now unsupervised. Nowhere in my terms of probation did it say anything about restricting me to purchase firearms or to get my CCDW. I was curious if it’s already implied or if I should be OK to apply for it. I don’t want to violate my probation, so I’m seeking advice to see if I would be allowed.

Asked on October 13, 2010 under Criminal Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Kentucky State Police was authorized by KRS 237.110 to issue and renew licenses to carry concealed firearms or other deadly weapons, or a combination thereof, to qualified persons.

The applicant for a carry concealed deadly weapon (CCDW) license must:

  • Be a resident of Kentucky for at least 6 months prior to filing the application or a member of the Armed Forces of the United States who is on active duty, who is at the time of application assigned to a military posting in Kentucky, and who has been assigned to a posting in Kentucky for 6 months or longer immediately preceding the filing of the application; and
  • Be 21 years of age or older; and
  • Not be under indictment for, or have been convicted of, a crime punishable by imprisonment for a term exceeding 1 year; and
  • Not be a fugitive from justice; and
  • Not be an unlawful user of or addicted to any controlled substance; and
  • Not have been adjudicated as a mental defective or have committed to a mental institution; and
  • Not have been discharged from the Armed Forces under dishonorable conditions; and
  • Not be subject to a domestic violence order or emergency protective order; and
  • Not have been convicted of a misdemeanor crime of domestic violence; and
  • Not be prohibited from the purchase, receipt or possession of firearms, ammunition or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or applicable state law; and
  • Not have been committed to a state or federal facility for abuse of a controlled substance or convicted of a misdemeanor relating to a controlled substance within the 3-year period immediately preceding the date the application was submitted; and
  • Not have 2 or more convictions for violating KRS 189A.010 (Operating motor vehicle under the influence of alcohol or other substance which impairs driving ability) within the 3 years immediately preceding the date on which the application is submitted; and
  • Not have been committed as an alcoholic pursuant to KRS Chapter 222 or similar laws of another state within the 3 year period immediately preceding the date on which the application is submitted; and
  • Not owe a child support arrearage which equals or exceeds the cumulative amount which would be owed after 1 year of nonpayment; and
  • Have complied with any subpoena or warrant relating to child support or paternity proceedings; and
  • Have not been convicted of a violation of KRS 508.030 (Assault in the fourth degree) or 508.080 (Terroristic Threatening in the third degree) within the 3 years immediately preceding the date on which the application is submitted; and
  • Demonstrate competence with a firearm by successful completion of a firearms safety or training course offered or approved by the Department of Criminal Justice Training.

AS to whehter or not to apply for it while still on probation, you should consult with your PO or the court specifically.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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