Reasons for Denial:
An initial or renewal application may be denied for any of the following reasons:
- The applicant is prohibited under state or federal law from owning or possessing a firearm.
- The applicant made a “material misstatment” on the application form.
- As indicated on the application form, you are required to disclose any offense for which you were charged, arrested, convicted or plead guilty to – even if the offense was later dismissed. If applicant is not otherwise prohibited, the denial letter will include instructions on how to request a complete criminal history record check so that full disclosure can be made when applicant is able to reapply.
Additional reasons – A class 1 applicant may be denied if the applicant has been convicted of:
- a felony offense, a crime of violence or domestic violence, or an offense involving moral turpitude;
- an offense involving the use of alcohol within 10 years prior to the date of the application form;
- a misdemeanor offense involving the unlawful use of narcotics or other controlled substances within 10 years prior to the date of the application form;
Depending on the reason for the denial, a Class 1 applicant may be eligible to have the application reconsidered for a Class 2 license. If applicable, the denial letter will contain instructions on how to submit a written request for reconsideration.
An application for a concealed weapon license may be denied for a “material misstatement.” As noted on the application form, applicants are required to list any offense for which they have been charged, arrested, plead guilty or found guilty, EVEN if the charge or the guilty plea was later dismissed (or expunged from the court’s record). Failure to disclose this information results in a denial on the grounds that the applicant has materially misstated the criminal record.
We find that sometimes an applicant does not list an incident either because it was some years ago or because applicant did not realize that a seemingly minor issue (such as an NSF check) may have triggered a criminal record – but these all show up when the BCI does the criminal history record check.
Unfortunately, by law, even if the offense itself is not something that would make you ineligible to have a concealed weapon license, the fact that you did not fully disclose that offense is what makes you ineligible for one year.
As some information on your criminal history record can be released only if you make the request in person, you may wish to go to your local law enforcement agency to make further inquiries and to ensure that you are able to complete the application properly with full disclosure when the one-year period of ineligibility has ended.
Alternatively, federal law allows full disclosure of your record if you request it directly from the FBI. For more information, see http://www.fbi.gov/about-us/cjis/background-checks/background_checks. As the North Dakota Criminal History Record check does not cover any other state, if you have lived or worked outside North Dakota, you also may need to request a record check from the FBI.
Once you have obtained and reviewed your complete criminal history record, if you still believe the denial was made in error, you have the right to appeal the denial to the Burleigh county district court. For more information, contact an attorney in private practice. After the 1-year period of ineligibility has ended, you can apply for a concealed weapon license.