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Old 04-14-2013, 05:39 PM   #1
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Concealed Carry Question

I'm in the process of filling out my application and I'm at the part where it asks if I was ever arrested. I have been once as a minor when I was 16 because I got into a fight on the school bus. I never was charged nor did I go to court.

Should I list this? The form asks for a disposition and true copies of the arrest....which I don't have.
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Old 04-14-2013, 06:11 PM   #2
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I think they mean convicted or awaiting trial. I'd say no.
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Old 04-14-2013, 06:21 PM   #3
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so you're going to strictly read the document written 220+ years ago, but be all loosey-goosey with the language of something written in your lifetime?
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Old 04-14-2013, 06:22 PM   #4
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I'd list it.

If it's anything like the bar application, they get you on dishonesty about your history, not minor violations in that history.
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Old 04-14-2013, 06:51 PM   #5
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Originally Posted by guidomerkinsrules View Post
so you're going to strictly read the document written 220+ years ago, but be all loosey-goosey with the language of something written in your lifetime?
odd
I'd talk to the folks first at the processing office and get their opinion. I did get questioned about a 15 year old speeding ticket I forgot about on one application but it wasn't a CC permit.
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Old 04-14-2013, 06:52 PM   #6
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Originally Posted by Yeti View Post
I'm in the process of filling out my application and I'm at the part where it asks if I was ever arrested. I have been once as a minor when I was 16 because I got into a fight on the school bus. I never was charged nor did I go to court.

Should I list this? The form asks for a disposition and true copies of the arrest....which I don't have.
You don't need to list it because you were 16 and not an adult. Your record starts over when you are 18 and your juvenile record is sealed. Besides that, If you never went Court and were never charged, then you were not really arrested.
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Old 04-14-2013, 06:53 PM   #7
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You don't need to list it because you were 16 and not an adult. Your record starts over when you are 18 and your juvenile record is sealed. Besides that, If you never went Court and were never charged, then you were not really arrested.
That's what I was trying to say but you said it a whole lot clearer. I knew there was a legal definition of arrest.
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Old 04-14-2013, 07:19 PM   #8
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Originally Posted by la. champ1 View Post
You don't need to list it because you were 16 and not an adult. Your record starts over when you are 18 and your juvenile record is sealed. Besides that, If you never went Court and were never charged, then you were not really arrested.
Definitely this^^^

if you didn't go to court about it, then it never happened.
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Old 04-14-2013, 07:59 PM   #9
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You don't need to list it because you were 16 and not an adult. Your record starts over when you are 18 and your juvenile record is sealed. Besides that, If you never went Court and were never charged, then you were not really arrested.
Um, no, you are arrested when you are taken into police custody. Going to court is irrelevant to whether you we're arrested or not. In fact, you can go to court from being charged with a crime and never be arrested.

As for the permitt, yes, the juvenile record is sealed and they would likely never bother to check anyway. But, you are taking the chance that they find out. They are 99.9% not going to find out, but if they do you will ever likely get a cc permitt.
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Old 04-14-2013, 08:00 PM   #10
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That's what I was trying to say but you said it a whole lot clearer. I knew there was a legal definition of arrest.
There is, but his is not the legal definition of arrest. The legal definition is that you have been arrested when the police take you into custody.
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Old 04-14-2013, 08:20 PM   #11
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Um, no, you are arrested when you are taken into police custody. Going to court is irrelevant to whether you we're arrested or not. In fact, you can go to court from being charged with a crime and never be arrested.

As for the permitt, yes, the juvenile record is sealed and they would likely never bother to check anyway. But, you are taking the chance that they find out. They are 99.9% not going to find out, but if they do you will ever likely get a cc permitt.
If the individual was not booked, meaning the official charge paperwork was never done by the arresting officer, then the individual is not arrested. It does not matter if he was detained for a short period of time to investigate the incident and decide whether to pursue charges. If he was never officially charged and paperwork was never completed, then he was not arrested. As far as his paperwork, they want to know if you have been arrested as an adult, not a juvenile. Your juvenile record cannot be used against you once you become an adult. They are not allowed to view your juvenile record if you have one, once you become an adult. In the rare cases when a juvenile record is unsealed, it would be done only by order of a judge, pertaining likely to a criminal case of some sort.
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Old 04-14-2013, 08:37 PM   #12
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I would call for clarification. Just because the case was dropped or whatever, doesn't mean the arrest never happened.
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Old 04-14-2013, 08:52 PM   #13
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If the individual was not booked, meaning the official charge paperwork was never done by the arresting officer, then the individual is not arrested. It does not matter if he was detained for a short period of time to investigate the incident and decide whether to pursue charges. If he was never officially charged and paperwork was never completed, then he was not arrested. As far as his paperwork, they want to know if you have been arrested as an adult, not a juvenile. Your juvenile record cannot be used against you once you become an adult. They are not allowed to view your juvenile record if you have one, once you become an adult. In the rare cases when a juvenile record is unsealed, it would be done only by order of a judge, pertaining likely to a criminal case of some sort.

You are under arrest when they take you into custody. Whether they take you to a hold tank or if there is any evidence of the arrest is a different issue. And you can be detained, such as in a Terry Stop, and not be arrested, but you do not need to go to court to have been arrested and that is what you claimed.

And none of that changes that the question is not were you arrested as an adult it is were you arrested. He. Can choose to lie if he wants to and they are 99.9% likely to never find out, but the fact is he was arrested and to say otherwise is a lie, regardless of if th record of that arrest is sealed or not.
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Old 04-14-2013, 09:32 PM   #14
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i'd just list it. it won't be a deciding factor in you receiving your permit if you do. if you don't, it could be. they do check the oyd/ojj records for juvenile reports. if you were charged, it will appear there.

better to do it than have them keep the $120~ and you have to wait another 12 months to file it.
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