Concealed Weapon License with old marijuana possession conviction?

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

BryanDP

Sharpshooter
Special Hen
Joined
Jan 6, 2007
Messages
2,793
Reaction score
305
Location
Tulsa
I have a friend who says he had misdemeanor marijuana possession charge from 1992. He tells me he called the OSBI and they said that he wouldn't be able to get his concealed carry permit. I looked him up on OSCN.NET thinking he wasn't maybe telling me the whole story and there's nothing worse that that. In fact on there it looks like the marijuana charges were dismissed and he was only convicted (plead guilty) of having an open container.

Does anyone have any experience with this? Is it true that this would preclude him from getting his license or did he just get ahold of a "just say no" employee at the OSBI?

And no, my "friend" is not me. I've had my Oklahoma concealed carry permit for seven years and I've never smoked nor possessed marijuana.

Bryan
 

Davs2601

Sharpshooter
Special Hen
Joined
Mar 13, 2009
Messages
1,133
Reaction score
8
Location
Noble, Ok
From what i know supreme court network is not all arrest records. Just because you dont see it there dosent mean there isnt record of it somewhere else. Even if it is expunged, they still know........
 

BryanDP

Sharpshooter
Special Hen
Joined
Jan 6, 2007
Messages
2,793
Reaction score
305
Location
Tulsa
Maybe thats something that he could get expunged?

Does it need to be expunged? It's a misdemeanor possession offense (if in fact it's anything at all, which looking at the record it appears not to be.)

did he not disclose above on application?

He hasn't applied. He called the OSBI and they said he would be denied if he applied. But isn't there MO just to always negative about people trying to get their license?

From what i know supreme court network is not all arrest records. Just because you don't see it there dosent mean there isnt record of it somewhere else. Even if it is expunged, they still know........

It's not all arrest records but he's only had one incident ever with the law and it shows up there. That record shows that the possession charges were dismissed and he was only "convicted" (plead guilty) to having an open container.

Just to be clear: he's not trying to get away without mentioning it. He's just convinced (with the help of someone at OSBI) that he won't be able to get his license and I think he's incorrect. I seem to remember that you had to wait a period of time (both three and five years ring a bell) after such a conviction, but I can't remember where I heard or saw that. I actually feel like I saw it on an official source but I can't remember what it was.

Bryan
 

_CY_

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
May 11, 2009
Messages
33,848
Reaction score
6,619
Location
tulsa
he needs to take a class, fill out forms honestly, disclose EVERYTHING ... then see

really don't think they are out to deny folks their CCL for something minor. especially if it was done decades ago when someone was young and stupid.
 

Michael Brown

Sharpshooter
Special Hen
Joined
Jun 12, 2005
Messages
5,208
Reaction score
2
Location
Tulsa
I have a friend who says he had misdemeanor marijuana possession charge from 1992. He tells me he called the OSBI and they said that he wouldn't be able to get his concealed carry permit. I looked him up on OSCN.NET thinking he wasn't maybe telling me the whole story and there's nothing worse that that. In fact on there it looks like the marijuana charges were dismissed and he was only convicted (plead guilty) of having an open container.

Does anyone have any experience with this? Is it true that this would preclude him from getting his license or did he just get ahold of a "just say no" employee at the OSBI?

And no, my "friend" is not me. I've had my Oklahoma concealed carry permit for seven years and I've never smoked nor possessed marijuana.

Bryan

Sure it's not you Bryan........:laugh6:

Seriously though, my guess is that the person answering his question took "arrest" to mean "conviction" which might make a difference since so often when I speak to people they only tell a small part of the story when I ask "have you ever been arrested?".

I think you deal with the public enough to know what I'm talking about.

I'd guess his application will sail through if that's really all there is.

Michael Brown
 

cbolt01

Sharpshooter
Special Hen
Joined
Jan 17, 2010
Messages
236
Reaction score
1
Location
North of Tulsa - South of Bartlesville.
IT IS VERY IMPORTANT FOR ALL APPLICANTS TO REVIEW ALL OF THE ELIGIBILITY REQUIREMENTS AND PRECLUSIONS IN THE LAW BEFORE SUBMITTING A CONCEALED WEAPON LICENSE APPLICATION. IF IT IS DETERMINED DURING PROCESSING THAT AN APPLICANT HAS NOT MET ALL OF THE REQUIREMENTS OR IF ANY OF THE PRECLUSIONS ARE FOUND TO PERTAIN TO THE APPLICANT, THE APPLICATION WILL BE DENIED AND THE PROCESSING FEE WILL NOT BE REFUNDED.

OKLAHOMA SELF DEFENSE ACT
TITLE 21 1290.10. #5E MANDATORY PRECLUSIONS

5. Conviction of any one of the following misdemeanor offenses in this state or in any other state.
E. Any conviction relating to illegal drug use or possession.

Go to the OSBI website it has about all the info you should need including the handbook. Hope this helps.
 

AKguy1985

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Aug 25, 2006
Messages
25,912
Reaction score
4,789
Location
Rogers County
okay i had a coworker who had a similar situation except he was just in the same car with someone who got arrested for possession back in the early 90's he was arrested then released with no charges filed, he was able to acquire his CCW.
 

nofearfactor

Sharpshooter
Special Hen
Joined
Mar 24, 2007
Messages
7,269
Reaction score
291
Location
cold, dark
I'm kind of confused about what a 'conviction' even is.

A good friend of my mine and my family,an old roomate and the bass player in one of my old bands, was pulled over for speeding after leaving the bar after one of our gigs many years ago. He had had a few beers at the bar while we were working but he wasnt drunk,at least not enough for a DUI according to the officer. Still,he was arrested for public intoxication as well as possession of a small amount of marijuana(the cop didnt even find it,he told the cop he had it in his pocket) and a few other minor charges- speeding,etc. He was taken to the county jail where he was booked,jailed, and then spent a 6 hour sober up period in the drunk tank. He called us and we had to go take him the cash to pay for his tickets before they would let him out- several city tickets, misdemeanors I suppose,adding up to a few hundred dollars. No bond. He did not even have to go to court afterwards or anything. He just paid the tickets at the jail and that was it. Was that considered a 'conviction'? Even though he didnt have to go to court? And would that minor pot charge preclude him from obtaining a permit? I know for a fact that he hasnt been in any other trouble since. And it has to have been clear back in the early 90s.

I guess I dont really understand what a conviction means. I have only been to jail and to court once in my entire life back in California and it was for something small and stupid that I did one night when in college 20 years ago. Me and a girl I had met at a party earlier in the evening were having sex in the back seat of my car,at 4am,in a cemetary. She was 18 and I was 21 and I had provided her with beer. I was arrested,booked,spent a few hours in jail,and then got bonded out the next morning. The charge was for contributing to the delinquency of a minor. I was given a date to come back to court. When I came back it was to a little small court room. I took a lawyer with me,plead guilty when asked how I wanted to plead, and based upon the assistant DAs recommendation in front of the judge, I was given a fine and 20 hours of community service. I dont remember anything said about me being 'convicted'. I dont even remember what they called it either when my lawyer went back to the court for me after I completed the CS and paid the fine. It was a long time ago. I know that its not on my record now is all I know,even though there is probably still a record of the arrest there in that court house I would imagine. I also have never been in any other trouble,besides traffic citations, since.

When I get a traffic ticket for something like speeding or no seat belt on(my usual tickets) ,and then I pay it instead of fighting it, is that considered a conviction?

I'm confused.
 

Latest posts

Top Bottom