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Old 10-03-2013, 10:31 PM   #1
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Default Sis missouri gun laws

Got the bad new today denied on ccw permit it showed my felony conviction,but it was a sis, i dont have a conviction on my record ,but fbi can open sis and sealed records . I purchases a firearm and past a ncic check with flying colors. Why cant i get a ccw permit in missouri ??? Atf agent said if conviction is not on file i should be able to get my ccw permit,because i can posses and buy a firearm,if i had a felony conviction on file wouldnt it stop me from buying a firearm? Can please some one help me. Thank you!!!

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Old 10-03-2013, 10:40 PM   #2
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Your best bet is to speak to a lawyer. The NRA should be able to direct you to one.
You're in a shall issue state. Unless you're a felon.
Also prohibited from receiving a concealed carry permit in Missouri are persons who have been convicted of misdemeanors involving violence within the past five years, persons convicted of more than one DUI within the past five years, persons who are habitually in a drugged or intoxicated conditions, persons who have been dishonorably discharged from the military and anyone who the sheriff reasonably believes is a danger to himself or others.

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Old 10-03-2013, 11:58 PM   #3
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"Suspended imposition of sentence (SIS); This is a type of probation that after you plead guilty or have been found guilty, you may get a SIS."
If this is some sort of probation in lieu of incarceration, I don't see how it would absolve the conviction.

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Old 10-04-2013, 12:13 AM   #4
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Quote:
Originally Posted by cbman417 View Post
Got the bad new today denied on ccw permit it showed my felony conviction,but it was a sis, i dont have a conviction on my record ,but fbi can open sis and sealed records . I purchases a firearm and past a ncic check with flying colors. Why cant i get a ccw permit in missouri ??? Atf agent said if conviction is not on file i should be able to get my ccw permit,because i can posses and buy a firearm,if i had a felony conviction on file wouldnt it stop me from buying a firearm? Can please some one help me. Thank you!!!
if you could be sentence to more than a year for a felony, it's considered a conviction, regardless of whether you served it on probation or not. check out question 11c on the 4473 Form.

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

best advice, get a good lawyer and have him check into. any felony conviction is grounds to deny you possession of any firearm.
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Old 10-04-2013, 12:17 AM   #5
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But the state allows him to own a firearm? Missouri is weird.

Not Eligible:
Sheriff Toelke said that people who have been convicted of a felony but were granted a suspended imposition of sentence (s.i.s.) are not eligible to hold a concealed carry permit under the law.

In s.i.s. cases, people are under the impression that once they have satisfied terms of their probation that the record is “wiped clean,” Toelke said. But that’s not the case because the felony conviction is still there for law enforcement purposes, he noted.

“If a person was found guilty or pled guilty to a felony and received an s.i.s, even though it might be 30 years ago, they still don’t qualify for a concealed carry permit,” Toelke stressed.
http://www.emissourian.com/news/top_stories/article_05edf818-08b8-509b-9b6a-04878ee75130.html?mode=jqm

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Old 10-04-2013, 12:23 AM   #6
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You need to have an attorney petition for an executive pardon including restoration of your civil rights.

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Old 10-04-2013, 12:30 AM   #7
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You need to have an attorney petition for an executive pardon including restoration of your civil rights.
i'm no lawyer by any means, but what i interpreted by reading the question 11c on the 4473 form is that, "if you could have been sentenced to a year or more for a felony" that makes him a prohibited person from buying or possessing a firearm.

also the conviction can't be put aside, it has to be expunged, which requires a lawyer and petition before the court where the offence occured, and has to be done by a judge.

i fully agee, he needs the services of a lawyer to straighten this out.

OP, just a word of caution. i would be thinking of seriously removing any firearms you have in your possession until this is resolved by an attorney. being a covicted felon in possession of a firearm, will get you time in a federal prison, with no recourse to ever possess a firearm again.
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Old 10-04-2013, 01:07 AM   #8
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ok then way was i cleared through NCIC and purchased a firearm and ATF says i can buy and own a firearm with a SIS. then way you say no?

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Old 10-04-2013, 01:17 AM   #9
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I assume because it was not a federal conviction and Missouri does not report SIS convictions to the federal government?

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Old 10-04-2013, 01:59 AM   #10
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Quote:
Originally Posted by MisterMcCool View Post
But the state allows him to own a firearm? Missouri is weird.

Not Eligible:
Sheriff Toelke said that people who have been convicted of a felony but were granted a suspended imposition of sentence (s.i.s.) are not eligible to hold a concealed carry permit under the law.

In s.i.s. cases, people are under the impression that once they have satisfied terms of their probation that the record is “wiped clean,” Toelke said. But that’s not the case because the felony conviction is still there for law enforcement purposes, he noted.

“If a person was found guilty or pled guilty to a felony and received an s.i.s, even though it might be 30 years ago, they still don’t qualify for a concealed carry permit,” Toelke stressed.
Sheriff has final say. You're basically in a may/shall issue state and you fall under the may issue category.
The only way you're getting a license is to move to a different state.
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