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-   -   AZ/CCW?FO? With expunged charge (http://www.firearmstalk.com/forums/f114/az-ccw-fo-expunged-charge-65168/)

TheForlonViking 05-26-2012 01:52 AM

AZ/CCW?FO? With expunged charge
 
I made a mistake i greatly regret. I am an Illinois native, looking to follow my dreams and move to AZ. One of those dreams however involve owning a CCW in AZ. I am a FOID holder, and posses a few firearms currently. I made the mistake of using marijuana and was caught on possession of paraphernalia. I am in a second chance program as this is my first offense of any kind, and in a few months with have it expunged off my record. My question is, is how bad does this effect the ability to hold a CCW, and own a firearm in AZ. No need to bash, i made a mistake and will be paying for it inadvertently for the rest of my life, i understand that. Any help will be greatly welcomed.

c3shooter 05-26-2012 02:26 AM

OK- no bashing- you screwed up, and admitted that.

In many cases, the court imposes a deferred judgment- we will not find you guilty or not guilty- we will wait. If you can complete the program, stay out of trouble for a set period (like a year) then we will find you not guilty, and the offense is expunged.

Screw up, we find you guilty.

I do not know that this is the case with you, but is used a lot. If so, you are not found guilty, and start fresh. Or the court "expunges" the conviction- wipes the slate clean.

Thing for you to do is check with the system where you are, and see what the status is- and to keep your nose clean. You have no idea how bad getting popped with some boo can mess up your life in ways you have not even thought about yet.

Good luck to you.

TheForlonViking 05-26-2012 02:39 AM

Yea the idea behind the second chance program is basically a "diversion". Stay clean through the 6 months of random tests, take a class and i can expunge the arrest right after. I have no intention to continue down that path. I know even with it expunged ive damaged some great job opportunities. So essentially i am on the right "path", if i keep my rear out of trouble? Thank you for the hopeful answer.

armoredman 05-26-2012 03:29 AM

Let's start here - you are currently under this diversion program and IL has allowed you to keep both your FOID and your firearms? if so i'd say you are about 100% in the clear, but read on. Keep in mind a felony usually means punishable by a sentence of more than one year - what was the sentence offered if you didn't take the diversion program?
If you can qualify to purchase a firearm legally through an FFL, then you can own one in AZ. If you are a prohibited possessor, you cannot own a firearm in AZ.
Quote:

7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to self or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS
Here's some more info for you to peruse.

http://www.azdps.gov/Services/Concealed_Weapons/Questions/

Riverg420 05-26-2012 03:39 PM

I had a misdemeanor simple poss. charge many years ago .It didnt effect me getting my permit


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