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Old 01-28-2013, 15:23   #21
GLOCK19FTW
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Could be, but it was a petty misdemeanor.. that shouldn't have any effect..
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Old 01-28-2013, 15:48   #22
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You can be arrested for swearing on the phone?!? What did you say and to whom? Were you also prank calling?


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Old 01-28-2013, 15:54   #23
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I had a brother that used my name and birthday once. My other brother was in th car with him when it happened. Nothing ever came of it. After I was done with him I would like to think he never did again. I also am a chl holder with 2 tickets from back in 1987. They still show and didn't stop me from getting my chl.
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Old 01-28-2013, 16:08   #24
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So appeal and give them the information.

Is SC a may issue state? Because that was a "may issue law" letter.

Wikipedia says it's a "shall issue" state, but denying you based on lack of a positive recommendation from a sheriff is clearly "may issue" just like California or New York.
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Old 01-28-2013, 16:26   #25
GLOCK19FTW
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Originally Posted by njl View Post
You can be arrested for swearing on the phone?!? What did you say and to whom? Were you also prank calling?


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No, it wasn't a prank call. It's a long story that I'm not proud of, but like I said I have since learned my lesson.
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So appeal and give them the information.

Is SC a may issue state? Because that was a "may issue law" letter.

Wikipedia says it's a "shall issue" state, but denying you based on lack of a positive recommendation from a sheriff is clearly "may issue" just like California or New York.
That is exactly why I'm confused.

EVERYTHING I'm seeing, says that in a shall-issue state if you meet all of the requirements (which I do) then it does not matter what the sheriff says.

And yes, SC is a shall issue state.. this makes no sense at all man..

http://www.handgunlaw.us/states/southcarolina.pdf

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Old 01-28-2013, 17:16   #26
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No, it wasn't a prank call. It's a long story that I'm not proud of, but like I said I have since learned my lesson.

That is exactly why I'm confused.

EVERYTHING I'm seeing, says that in a shall-issue state if you meet all of the requirements (which I do) then it does not matter what the sheriff says.

And yes, SC is a shall issue state.. this makes no sense at all man..

http://www.handgunlaw.us/states/southcarolina.pdf
SC is indeed a shall issue state. As long as you meet the requirements, you shall be issued a permit. Here is the catch...a recommendation from the Sheriff is one of the requirements.
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(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
http://www.sled.sc.gov/SCStateGunLaw...x?MenuID=CWP#6
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Old 01-28-2013, 17:47   #27
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Oh..

Alright, well looks like I'm back to trying to get in touch with them.

Question though, does it HAVE to be from the Sheriff? Or can his assistant do it as well?

Because where I'm at, everyone is saying not to hold my breath on getting in touch with the Sheriff or getting an appointment with him..

I spoke to his assistant earlier, who said she was looking in to it as we speak and that she would call me back - but she never called me back.. So I'll be trying again in the morning.

Also, I just got off the phone with the instructor from my CWP class, and even he is scratching his head at this.. He said to let him know how it turns out too. lol

This is just really stupid. I didn't spend the $125 for the class and the SLED paperwork for nothing...

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Old 01-28-2013, 18:03   #28
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I've been in some trouble in the past, but nothing major .... All of them petty misdemeanors. .... .... EVERYTHING has been taken care of and paid though.....I was under the impression that a petty misdemeanor will not have any effect on things. I was also under the impression that in a "shall-issue" state like SC, as long as I met the requirements, I did not require a Sheriff's approval..? ....
This is what I was talking about. Someone scans your record and from what they see, decide they would prefer you don't get a permit.
But without good reason to turn you down they leave it vague in hopes you will drop it. If you pursue it they will blame it on a clerical error and issue your permit.

"I have no money for a lawyer, I don't understand, its more trouble that its worth." Sound familiar?
And if there is a question mark on your record you will simply drop it.

Everything you do should be in writing.
Keep a copy of everything and make notes.
I still advise finding the money for a lawyer.
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Old 01-29-2013, 10:55   #29
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I was 100% POSITIVE that I would be approved for my CWP.. But yesterday, instead of receiving my permit in the mail, I got a letter of denial that says this:

This makes no sense.

I am NOT prohibited from buying or owning a firearm (obviously - I instantly pass the NICS whenever I buy a gun.)

I have no felony charges, no Domestic Violence charges, no DUI's, literally nothing that would prevent me from being approved.

After getting this letter, I decided to do some searching, and I found a site for public records in my county.

I found that I have a "pending" speeding ticket from Feb. 2011 - BUT here is the kicker:

It says I am black (I am white...)

It says I did not pay (I actually DID pay - keep reading for explanation)

There are TWO entries for that violation under the same case number.

One of them is correct, and it shows that I did pay. It has the receipt number for the payment, the clerk who took the payment, etc.

The second one (the wrong one that says I am black and that I did not pay) was entered in to their system 16 days AFTER I paid the ticket!!!

I don't understand why the Sheriff didn't notice that the one I supposedly never paid was incorrect and that I did actually pay.

Clearly this is their fault, not mine.

But now, it says I need a letter of approval from the Sheriff when I file my appeal..??

I plan on calling SLED and the Sheriff in the morning.

In the mean time, can someone shed some light on what kind of checks the Sheriff does (or is supposed to do) when considering CWP applications in SC?

Everything I'm finding says they just run a NICS check, which I obviously pass.. Otherwise I wouldn't be able to buy the guns in the first place.

I'm sure they do a local check in their system too tho - Which has wrong information right now because whoever entered it screwed up.

All it takes is a few clicks, and anybody with half a brain can see that the local record is incorrect.

So I am extremely confused here as to why I was denied.. I have never met the Sheriff, I've never done anything to him.. why would he deny me after I met all of the other requirements??

Can someone give some input?
Aside from what everyone else has posted, I have had some experience with this.

I'm in TX and my friend had taken the class and submitted his app. Months later, no license. So we started checking. Turns out, there was someone else in another state (LA) that had the same name and was a career criminal. My friend is black, and the criminal is white. once that was cleared up for him, the state issued the license. Obviously it's a case of mistaken identity and that's what you have to clear up. Once you do, there should be no problem afterward, especially if your state is a shall issue
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Old 01-29-2013, 11:18   #30
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Hope it all works out.
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Old 01-29-2013, 11:40   #31
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Naw I say it more like Identity theft! The OP said this guy shows up under his SSAN as all court records are tied to SSAN! He needs to go and do what is require -submit a write appeal- no lawyer required. Document all that he has found- I'd also request a face to face with the Sherrif.
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Old 01-29-2013, 11:46   #32
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Lord
Naw I say it more like Identity theft! The OP said this guy shows up under his SSAN as all court records are tied to SSAN! He needs to go and do what is require -submit a write appeal- no lawyer required. Document all that he has found- I'd also request a face to face with the Sherrif.
I already got the incorrect record removed, just took a game of phone-tag.

I spoke to the Sheriff's assistant earlier this morning, she said there were no notes, nothing at all for the denial on the paper. It only said that it was denied, but gave no reasons why.

I also found out that it was denied by the PREVIOUS Sheriff (he was voted out for corruption, and over half of his staff has been fired. LOL)

Anyway, the assistant said that she was going to resubmit the application to the new Sheriff, since obviously there is no reason why I should have been denied by the previous guy.

I'm still waiting for her or someone to call me back, if I don't hear from them by 4pm I'll be calling them again.

All I need is for the Sheriff's office to fax the approval to SLED. Then I will call SLED to find out if I can just do this over the phone & get them to send out my permit, since once it is approved, obviously there is nothing left to appeal.. lol wish me luck!

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Old 01-29-2013, 15:07   #33
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Alright, just a quick update for anyone who might be following this:

I spoke with the Sheriff, he said he's not sure why the previous Sheriff denied it, but he has no problem approving it if everything checks out (obviously it does/will, lol) and he said he would call me back by tomorrow at the latest to let me know once he faxes in the approval to SLED.

SO - Now my question is:

Once he faxes the approval to them, would a written appeal still be necessary?

I mean, once he approves it, there is nothing to appeal.. lol that was the only thing I needed to get.

I plan on calling SLED tomorrow to ask them, but in the mean time I figured I'd see what you guys think.
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Old 01-29-2013, 15:43   #34
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It is a legal process...which means things must be done in a certain way and in a certain order or else nothing happens. I would submit the appeal and call SLED to notify them that an appeal was being submitted. I would pay to have the appeal sent via registered mail with full tracking and signature for receipt.
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Old 01-29-2013, 21:28   #35
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Out of curiosity, if a CCW is denied, do they come after your pistols or rifles?

What are they saying exactly?
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Old 01-29-2013, 22:51   #36
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Out of curiosity, if a CCW is denied, do they come after your pistols or rifles?

What are they saying exactly?
LOL hell no dude.. If denied you just aren't permitted to carry it concealed. They aren't coming for your guns...

Now, as for what they are saying, I posted an update earlier.

I spoke with the Sheriff and he said he has no problem approving it as long as everything checks out (obviously it will.. I've done nothing wrong) and he said he doesn't know why the previous Sheriff (who was voted out due to corruption) denied it, since I meet all of the other requirements.

I'm like 99.99% positive that the previous Sheriff denied it due to the incorrect records. I explained all of that to the new Sheriff.

I'll post back with another update once I get one tho. He said he would call me by tomorrow at the latest, if not, I'll call him back. He seems like a really good guy, I don't understand why people are "hating" on him in this county..

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Old 01-29-2013, 23:59   #37
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I'm curious at the time you were swearing on the phone were you also threatening or intimidating someone? I know if I was the one that approved carry permits I would have issue with making threats or intimidation.


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Old 01-30-2013, 05:15   #38
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SC is indeed a shall issue state. As long as you meet the requirements, you shall be issued a permit. Here is the catch...a recommendation from the Sheriff is one of the requirements.

http://www.sled.sc.gov/SCStateGunLaw...x?MenuID=CWP#6
Yeah, but that is still "may issue." Same as California and all those yankee states. Too bad for you guys. I recalll they were also the last state in the south to accept others permits.
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Old 01-30-2013, 05:16   #39
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Originally Posted by GLOCK19FTW View Post
Alright, just a quick update for anyone who might be following this:

I spoke with the Sheriff, he said he's not sure why the previous Sheriff denied it, but he has no problem approving it if everything checks out (obviously it does/will, lol) and he said he would call me back by tomorrow at the latest to let me know once he faxes in the approval to SLED.

SO - Now my question is:

Once he faxes the approval to them, would a written appeal still be necessary?
Probably - otherwise, SLED is probably not required to take any further action and can ignore the approval - just a guess.
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Old 01-30-2013, 06:00   #40
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I see situations like this frequently. Clerks are human, and humans make mistakes.

When someone leaves one of my courts, I always try to remind them to keep their paperwork FOREVER. You never know when a problem like this might crop up, and it is easily resolved when you have the paperwork at hand.

As far as mistaken identity, I had to get one of those resolution control numbers to give to the airlines when I book a ticket. Why? Well, even though I have had to go through a total of three background checks to be an attorney, I have a concealed permit, and even had a complete check done years ago by the State Department when I applied for a job, I have a common name, and one of us in on the no fly list.
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