CCW Permit with a DUI

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CCW Permit with a DUI

Post by Leferd on Fri Jan 20, 2012 9:37 am

I have a friend who's looking to get a ccw permit but has a DUI on his record from almost two years ago. Will his infraction keep him from being issued a permit? I searched previous posts and didn't find anything on msgo about this although I may have missed it. Somebody hlp me if you can, thanks.

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Re: CCW Permit with a DUI

Post by RDRJR on Fri Jan 20, 2012 11:27 am

I think after so many they become felonies was this his first?

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Re: CCW Permit with a DUI

Post by Leferd on Fri Jan 20, 2012 4:24 pm

Its his second. His first was 15 to 20 years ago.

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Re: CCW Permit with a DUI

Post by dhollis51 on Fri Jan 20, 2012 4:31 pm

All they can say is no. but the 1st is not a felony.

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The statute

Post by Expat on Fri Jan 20, 2012 7:01 pm

He can only be denied if he is deemed a chronic user of alcohol, which is clearly defined in the statute. As long as he has not had 2 DUIs, anywhere within the USA, within the 3 year period prior to the application OR has EVER been committed to a treatment center. If he passes this qualification and does not fail for any other reason then the DPS SHALL ISSUE the permit. It is not arbitrary.

As an aside, anyone wanting to get a permit should KNOW THE LAW prior to doing so. The statute is attached to the permit application and and spells it out very clearly.

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Re: CCW Permit with a DUI

Post by Subsonix on Fri Jan 20, 2012 9:47 pm

Expat wrote:He can only be denied if he is deemed a chronic user of alcohol, which is clearly defined in the statute. As long as he has not had 2 DUIs, anywhere within the USA, within the 3 year period prior to the application OR has EVER been committed to a treatment center. If he passes this qualification and does not fail for any other reason then the DPS SHALL ISSUE the permit. It is not arbitrary.

As an aside, anyone wanting to get a permit should KNOW THE LAW prior to doing so. The statute is attached to the permit application and and spells it out very clearly.


Your post is/was confusing to me at first and I just wanted to clarify for others. Having been admitted or sentenced to a treatment center for drugs/alcohol at some point in your life does not disqualify you. Being COMMITTED (I'm thinking loony bin here) is a different animal and probably does disqualify you forever, I'm not sure. Maybe one of our wonderful resident attorneys will chime in?

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Re: CCW Permit with a DUI

Post by bubbat on Fri Jan 20, 2012 9:54 pm

Not one of the resident lawyers but it's very easy to look up, we even got a sticky linking the permit laws. thumbs up

Mississippi Code- 45-9-101

(f)
Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

being committed to a looney bind doesn't ban you from gettting one forever either.
h)
Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;

(i)
Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years


Last edited by bubbat on Fri Jan 20, 2012 10:14 pm; edited 1 time in total

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Re: CCW Permit with a DUI

Post by Subsonix on Fri Jan 20, 2012 10:03 pm

Right, 3 years. Not "ever" like expat posted. (Thanks for backing that up with the actual statute bubbat.)

What I am wondering is if someone is declared incompetent and committed to a mental institution, rehabilitated, and released, can they ever obtain a ccw permit?

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Re: CCW Permit with a DUI

Post by Subsonix on Fri Jan 20, 2012 10:04 pm

Man, I have read that stuff a hundred times and missed that, thanks again bubbat!

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