# CCW with criminal backround in South Carolina



## jrf231 (Jul 15, 2014)

Hello Forum.

I have a question about purchasing a handgun in South Carolina and obtaining a CCP if you have a criminal record.

A little back round:

Was arrested in 1996 with a concealed weapon and disorderly conduct spent the night in jail and was find $760.00 for the weapons charge and $304.00 for the disorderly conduct charge. Paid the bond and forfeited the weapon and was placed in PTI, after completion of PTI the weapons charge was expunged.

The disorderly is the only offense on my South Carolina SLED record and the with the county sheriffs office were the incident took place.

My question is can I purchase a handgun from a dealer and if the background check for the gun is approved and I purchase the gun will I have a problem getting a CWP??????

From what I have read in the South Carolina laws the weapons charge is a class c misdemeanor, but I understand that I have to disclose that charge on the CWP application even though it was expunged.

Common sense seems to be if I purchase a gun from a dealer and pass the back round check and get the gun that I should not have a problem with the CWP.....

Any comments...

thanks for your time.


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## GCBHM (Mar 24, 2014)

I don't know the law in SC, but the only way to find out is to go ahead and apply for the CCP before you purchase the gun. That way you will know before you buy if you can carry legally.


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## Ron37388 (Aug 31, 2012)

I had a problem in TN. I took the class and got my CCW permit with no problem. The problem came when I tried to purchase a gun. Seems the NCIS background check showed an erroneous and unresolved arrest from 1966! It took almost two years to straighten it out. It's all fixed now, but be prepared for a big headache if your arrest record has not been updated in NCIS. I had never been arrested, but somehow someone else's record got posted to mine. Good luck.


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## borris (Oct 28, 2012)

Get A Lawyer Don't Mess Around !


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## Cait43 (Apr 4, 2013)

borris said:


> Get A Lawyer Don't Mess Around !


Restoration Of Gun Rights Lawyers, Attorneys, Law Firms |


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## RK3369 (Aug 12, 2013)

If you are required to disclose the charge on your CWP application even though it was expunged, you better do it because if you don't and they find the charge, you will be denied the permit and may face further penalties. I'd follow the instructions to the "T" and be prepared to submit explanations of the charge and expungement with the application. It will take you at least 90 days to find out if you are approved for the permit anyhow. If you pass the NCIS check and are approved to buy the gun, you have the right as a SC citizen to have it in your home, car or on other personal property, you just can't carry it concealed anywhere else without the CWP. So even if you don't get the CWP, you can still keep the gun if you pass NCIS at the dealer, or sell the gun to another resident ( should probably add that many now will not buy a gun from a private citizen unless they have a CWP. Not required in SC but many potential buyers want to know that they are not buying from someone who is not allowed to own or possess the gun to begin with, and without a CWP, there is no proof that the seller is legally qualified to own it in the first place. Unless I know the person, I would probably not buy from someone other than a dealer or a CWP holder.)


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## Hauptmann (Aug 2, 2014)

Ron37388 said:


> I had a problem in TN. I took the class and got my CCW permit with no problem. The problem came when I tried to purchase a gun. Seems the NCIS background check showed an erroneous and unresolved arrest from 1966! It took almost two years to straighten it out. It's all fixed now, but be prepared for a big headache if your arrest record has not been updated in NCIS. I had never been arrested, but somehow someone else's record got posted to mine. Good luck.


Ron, check out this post:

http://www.handgunforum.net/firearm...nied-fbi-nics-let-s-see-how-system-works.html


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## EvilTwin (Sep 4, 2014)

Simple answer.. was it a felony conviction? If you are a former felon, you are out of luck...


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