# Suspended CCW due to domestic violence charge



## Nelkp (Mar 27, 2020)

In 2015 I was charged with a misdemeanor domestic violence in Colorado. Immediately after the charge, I received a letter in the mail from my county’s sheriff stating my concealed carry permit had been suspended and will remain in effect until a resolution has been reached in the case and I supply documentation indicating the disposition of the charges for the suspension to be reviewed.

I took a deferred sentence where after I completed two years of probation the charges would be dropped and would retain my rights to purchase and possess firearms. I am now wanting to have my permit reinstated but I’m worried that if I submit documents showing that I took a deferred sentence, I could have my CCW revoked.
Has anyone else dealt with this and was able to have their CCW reinstated? I appreciate any advice on this matter. Thanks!


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## Goldwing (Nov 5, 2014)

I have known victims of domestic violence. One thing they all had in common was that the violence went unreported for some time before the police were called. The victims also stated that they lived in fear after the arrest and prosecution.
I don't know your story and I don't want to. 
Anyone who hits a woman or child will get no advice from me.

GW


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## Nelkp (Mar 27, 2020)

I respect your stance.

I was falsely accused by my ex wife and was advised by my attorney to take a deferred sentence in order to avoid a jury with someone like you, having a personal affliction sway their decision. If the judgment did not go in my favor, I could have lost custody of my children- and that was not something I was willing to risk.

I’m not here to get into all my past drama. I am legally allowed to own firearms as all charges have been dropped.


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## denner12 (Oct 14, 2017)

I would advise contacting an attorney in your state that deals with such matters and if you qualify I'd suggest looking into an expungement of the record.


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## LostinTexas (Oct 1, 2018)

denner12 said:


> I would advise contacting an attorney in your state that deals with such matters and if you qualify I'd suggest looking into an expungement of the record.


This.
Coming to a place like this and asking the question, then claiming to be wronged, then becoming confrontational doesn't go very far with your cause.
Are you_ really _allowed a firearm? The devil is in the wording. Wording on things I fill out is along the lines of "have you ever been convicted, or under indictment or other domestic orders of protection?" that may indeed hose you if there is a protective order.
Time to lawyer up.
Cheers
Edit: Get a better lawyer than you had last time.


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## paratrooper (Feb 1, 2012)

Yes, talk to an attorney. It's that simple!


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## Nelkp (Mar 27, 2020)

There is no protective order.

I was given a plea deal that offered that the charges would be dropped because they did not have sufficient evidence because my ex-wife’s claims were not solid. Again, there is a lot that goes into this situation but it is done and over with, and I have made peace with the decision I made.

I am legally allowed to own firearms, and currently do. I wouldn’t be asking about getting my concealed carry permit reinstated if I wasn’t legally allowed to own a gun.

I did consult with an attorney but all they wanted to do was seal my record. The reason getting this expunged or sealed does not help, is because the sheriffs office already has history that my permit had been suspended (which is what happens automatically when you are accused of DV whether you end up being guilty or not).

Really, I was just looking to see if someone had been through something similar and how they handled it. I understand it’s easy to make judgments, but all I am asking is for advice from someone who knows the protocol for reinstatement after you’ve gone through a DV case.


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## paratrooper (Feb 1, 2012)

Each jurisdiction and each state is going to handle it differently. Chances of someone on this particular forum having gone thru exactly what you did is going to be slim to zero. 

About the only option that I can think of, would be to petition the Sheriff's Office to issue you the permit that you are seeking. That of course, would require the assistance of an attorney. 

If they deny you the permit, they would have to state why. If you have been cleared as you have said, I don't see the SO having much of a leg to stand on.


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## berettatoter (Sep 1, 2011)

Not to be disrespectful OP, but the above statements are correct. To ask a bunch of people on a gun forum about such things, is risky at best. We just primarily talk about firearms, and maybe some laws per state, about firearms. Really, what you are asking is about a domestic case, and the permit/firearms are collateral damage that goes along with the primary problem.

Just get advice about this, from a lawyer...I don't think too many people on a gun forum are going to even want to elaborate about this kind of stuff, even if they did go through something like it.

Good luck.


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## wirenut (Dec 16, 2015)

In my opinion, you said you had a conceal carry permit then you must of had some type of conceal carry insurance.
If you did try contacting one of their attorneys for advice.


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## pic (Nov 14, 2009)

Take the necessary steps and see what happens.
Wish you the best, it's your constitutional right protected by the 2nd amendment.


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## LostinTexas (Oct 1, 2018)

Nelkp said:


> There is no protective order.
> 
> I was given a plea deal that offered that the charges would be dropped because they did not have sufficient evidence because my ex-wife's claims were not solid. Again, there is a lot that goes into this situation but it is done and over with, and I have made peace with the decision I made.
> 
> ...


 Get better representation, and do what you have to do. The SO should have no skin in it if you are expunged and made a proper deal on the adjudication.
You may very well be making a problem where there isn't one. I hope for your sake you didn't hose yourself. Doing the wrong thing for all the right reasons is tricky business. In the end, keeping the kids should have been worth it.
Your "claims" for her wrong doing mean exactly Jack Squat. You plead guilty, even with the conditions, you still did that.


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