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Guitar4Him
03-13-2008, 09:58
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?

Guitar4Him
03-13-2008, 10:53
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.

volsbear
03-13-2008, 11:28
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.)

WILMA9
04-03-2010, 02:04
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.)



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Eagle22
04-07-2010, 14:51
NC firearms law http://www.apdsnc.com/NC_FirearmsLaw.htm

domestic violence convictions

Federal Requirements

Plus

2. North Carolina Requirements A county Sheriff is only authorized under G.S. § 14-402 to issue a permit to receive or purchase a handgun or crossbow when an application is submitted by a person who is a resident of his particular county. The sole exception is that the Sheriff may issue a permit to a non-resident when the purpose of the permit is for collecting. Prior to issuing a permit, the Sheriff must fully satisfy himself by affidavits, oral evidence, or otherwise, that the applicant is of good moral character and that the person, firm, or corporation wants to possess the weapon for one of the following purposes:
(1) The protection of his home, business, person, family, or property; or
(2) Target shooting; or
(3) Collection; or
(4) Hunting.
Additionally, the Sheriff must verify by a criminal history background investigation that it is not a violation of state or federal law for the applicant to purchase, transfer, receive or possess a handgun. The Sheriff shall determine the criminal history of any applicant by accessing computerized criminal history records as maintained by the State and Federal Bureaus of Investigation, by conducting a national criminal history records check, and by conducting a criminal history check through the Administrative Office of the Courts. North Carolina law further specifies that a permit may not be issued to the following:
(1) An applicant who is under an indictment, or information for, or has been convicted in any state, or in any Court of the United States, of a felony (other than an offense pertaining to anti-trust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony and who is later pardoned may obtain a permit if the purchase or receipt of the pistol or crossbow do not violate the conditions of the pardon;
(2) The applicant is a fugitive from justice;
(3) The applicant is an unlawful user of or addicted to marijuana, any depressant, stimulant, or narcotic drug;
(4) The applicant has been adjudicated incompetent or has been committed to any mental institution;
(5) The applicant is an alien illegally or unlawfully in the United States;
(6) The applicant has been discharged from the armed forces under dishonorable conditions;
(7) The applicant, having been a citizen of the United States, has renounced their citizenship;
(8) The applicant is subject to a court order that:
a. was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
b. restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and c. includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury. As mentioned above, federal law prohibits aliens who are illegally in the United States from receiving or possessing firearms. Additionally, subject to certain exceptions, aliens who are in a non-immigrant status are prohibited from possessing or receiving firearms. Therefore, Sheriffs must make additional inquiries of applicants for pistol purchase permits to determine their alien status. The Sheriff must first determine if the applicant is a citizen. If the applicant is not a citizen, the Sheriff must obtain additional information on the person to include their country of citizenship; place of birth; and alien or admission number. If applicable the Sheriff may have to determine the basis of any claimed exemption from the non-immigrant alien prohibition. For example, a non-immigrant alien could possess or receive a firearm if he is in possession of a valid hunting license issued in the United States; is an official representative of a foreign government accredited to the United States; or has received a waiver by the United States Attorney General. The requirement for obtaining a permit before purchasing or receiving a handgun does not apply to law enforcement officers of North Carolina, who are authorized by law to carry firearms. To use such an exemption, however, the law enforcement officer must identify himself to the vendor or donor as being a law enforcement officer authorized to carry firearms, and further state that the purpose for the weapon is directly related to his official duties. Law enforcement officers need to be aware that if the purchase of the weapon is not directly related to the law enforcement officer's official duties, they would be required to obtain a permit prior to the receipt of the weapon. Each applicant for a license or permit should be informed by the Sheriff within thirty (30) days of the date of his or her application whether the permit will be granted or denied. When a Sheriff is not fully satisfied with the applicant's good moral character or eligibility to receive a permit, he should notify the applicant of the reasons for his refusal to issue a permit within seven (7) days of his decision. An applicant refused a permit has a right to appeal such refusal to the Chief District Court Judge for the district in which the application was filed. A permit issued under the standards of state law is valid for a period of five years. A Sheriff is required to keep a book, which is provided by the Board of Commissioners of each county, of all licenses or permits issued. These records should include the date of
issuance, name, age, place of residence, and former place of residence of each person, firm, or corporation to whom a license or permit has been issued. A court in any domestic violence protective order can prohibit a party from purchasing a firearm for a time fixed in the order. Any person purchasing or attempting to purchase any firearm in violation of such an order is guilty of a class H Felony.