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Background Check For CCW Question

Discussion in 'Carolina Glockers' started by Guitar4Him, Mar 13, 2008.


  1. Guitar4Him

    Guitar4Him
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    The background check for CCW requirements mention about domestic violence convictions. If someone has had a domestic violence restraining order issued against them in the past, is this the same as a conviction? Would such a restraining order appear in someone's background check and prevent them from passing and being eligible for a CCW?
     
  2. Guitar4Him

    Guitar4Him
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    I can answer my own questions here. I just chatted with our Sheriff and he stated that a restraining order is not the same thing as a conviction and would not show up on the background check. Thus, this alone would not disqualify someone from getting a CCW.
     

  3. volsbear

    volsbear
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    IWannaBeSedated
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    Not sure what state you're in. In Illinois, I do believe that being the subject of an order of protection might cause your FOID to be suspended when the OP prohibits possession of a firearm.

    (430 ILCS 65/8) (from Ch. 38, par. 83‑8)
    (Text of Section before amendment by P.A. 95‑581)
    Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
    (a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
    (b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;
    (c) A person convicted of a felony under the laws of this or any other jurisdiction;
    (d) A person addicted to narcotics;
    (e) A person who has been a patient of a mental institution within the past 5 years;
    (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;
    For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
    (g) A person who is mentally retarded;
    (h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;
    (i) An alien who is unlawfully present in the United States under the laws of the United States;
    (i‑5) An alien who has been admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i‑5) does not apply to any alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
    (1) admitted to the United States for lawful hunting
    or sporting purposes;

    (2) an official representative of a foreign
    government who is:

    (A) accredited to the United States Government
    or the Government's mission to an international organization having its headquarters in the United States; or

    (B) en route to or from another country to which
    that alien is accredited;

    (3) an official of a foreign government or
    distinguished foreign visitor who has been so designated by the Department of State;

    (4) a foreign law enforcement officer of a friendly
    foreign government entering the United States on official business; or

    (5) one who has received a waiver from the Attorney
    General of the United States pursuant to 18 U.S.C. 922(y)(3);

    (j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm;
    (k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
    (l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;
    (m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;
    (n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
    (o) A minor subject to a petition filed under Section 5‑520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or
    (p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
    (Source: P.A. 92‑854, eff. 12‑5‑02; 93‑367, eff. 1‑1‑04.)
     
  4. WILMA9

    WILMA9
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    The sad truth is that employee fraud and embezzlement events – defined as “the use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets


    <table x:str="" style="border-collapse: collapse; width: 164pt;" width="218" border="0" cellpadding="0" cellspacing="0"><col style="width: 164pt;" width="218"><tbody><tr style="height: 15pt;" height="20"> <td class="xl24" style="height: 15pt; width: 164pt;" width="218" height="20">Criminal Record Check </td> </tr></tbody></table>
     
  5. Eagle22

    Eagle22
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    Raleigh NC
    NC firearms law http://www.apdsnc.com/NC_FirearmsLaw.htm

    Federal Requirements

    Plus


     
    #5 Eagle22, Apr 7, 2010
    Last edited: Apr 7, 2010