Question if CCW will be granted

[Bk2X]

Hey guys,

I've got a question for a guy that does some roustabout work for us. After many conversations and getting to know him personally we have discussed carrying a firearm to some of our oil and gas locations because there have been some suspicious people and activity around. After explaining to him the many reasons I carry daily, he has become interested. I asked him if there is any history that might be an issue preventing him from carrying a weapon and he said he has had a domestic abuse filed against him like 15 years ago. His story is, he stopped his ex-wife from throwing a brick at his truck windshield by grabbing her arm in mid toss. Apparently the story was held up in court but the ex-wife pressed charges resulting in the offense. If he were to have a clean record outside of that charge, is it even worth him trying to do the paperwork for CCW?

 

[TJay74]

I thought that anything domestic abuse related no matter the age would keep anyone from getting their CCL.

You might look into the SDA book or else call the OSBI and ask them directly.

 

[Buzzdraw]

It depends; was he just charged or actually convicted? Follow this link and do some reading http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69793 Follow up with reading http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69794

 

[jej]

You say he "had a domestic abuse filed against him" and the ex-wife "pressed charges." His story "held up in court."

I know this is third hand, but that is not specific enough to answer the question you pose. So, she complained - did the DA file charges? Did the guy plead guilty to something? What, exactly? Was he convicted at trial? Of what, exactly?

Of course, its third hand, and you don't have the info. Maybe the guy does not either. A lot of folks do not appreciate the distinctions here.

The SDA includes mandatory preclusions for domestic violence and other things. This reads in part:

"Conviction of any one of the following misdemeanor offenses in this state or in any other state:
a. any assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction,
b. any aggravated assault and battery,
c. any stalking pursuant to Section 1173 of this title, or a similar law of another state,
d. a violation relating to 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 conviction 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 laws of another state;"

Oh - and the guy's story about what really happened may all be true, or it may all be the kind of stuff you hear from anyone convicted of these crimes. I am not judging him, just telling you that I do not take any such stories at face value, not from anyone.

jej

 

[Bk2X]

You say he "had a domestic abuse filed against him" and the ex-wife "pressed charges." His story "held up in court."

I know this is third hand, but that is not specific enough to answer the question you pose. So, she complained - did the DA file charges? Did the guy plead guilty to something? What, exactly? Was he convicted at trial? Of what, exactly?

Of course, its third hand, and you don't have the info. Maybe the guy does not either. A lot of folks do not appreciate the distinctions here.

The SDA includes mandatory preclusions for domestic violence and other things. This reads in part:

"Conviction of any one of the following misdemeanor offenses in this state or in any other state:
a. any assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction,
b. any aggravated assault and battery,
c. any stalking pursuant to Section 1173 of this title, or a similar law of another state,
d. a violation relating to 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 conviction 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 laws of another state;"

Oh - and the guy's story about what really happened may all be true, or it may all be the kind of stuff you hear from anyone convicted of these crimes. I am not judging him, just telling you that I do not take any such stories at face value, not from anyone.

jej

Nice info. Will have to do more digging but item f. seems like that nixes any chance he may have.

 

[Quick_Draw_McGraw]

Well being charged is different then being convicted...

 

[Bk2X]

After scanning OSCN under his name, I didn't see anything related to a domestic abuse case filed. Is there still a chance that issue is out there even though it's not listed?

 

[jej]

After scanning OSCN under his name, I didn't see anything related to a domestic abuse case filed. Is there still a chance that issue is out there even though it's not listed?

Sure, there is a chance. I doubt you and I can access all the files the cops do when they run the background checks. Plus, I listed only a portion of the mandatory preclusions in the OK SDA. Who knows.

jej

 

[bettingpython]

Could also have been in a non OCIS county in which case use ODCR or VINE.