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RobertJDFL
RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I was charged with retail theft 26 years ago. Can I get a

Customer Question

I was charged with retail theft 26 years ago. Can I get a carry and conceal license in Missouri ?
JA: Since laws vary from place to place, what state is this in? And has any official paperwork been filed?
Customer: It was in Illinois
JA: Has anything been filed or reported?
Customer: Such as what
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was charged but never served anytime and just paid a fine
Submitted: 3 days ago.
Category: Legal
Expert:  RobertJDFL replied 3 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 3 days ago.

So I can better assist you, can you tell me if this was a felony or a misdemeanor?

Customer: replied 3 days ago.
It was a felony that was to be reduced to a misdemeanor
Expert:  RobertJDFL replied 3 days ago.

Concealed carry permits are governed by Section(###) ###-####of the Missouri statutes. It reads in part:

2. A concealed carry permit issued pursuant to subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or city in which the applicant resides, if the applicant:

(1) Is at least nineteen years of age, is a citizen or permanent resident of the United States and either:

(a) Has assumed residency in this state; or

(b) Is a member of the Armed Forces stationed in Missouri, or the spouse of such member of the military;

(2) Is at least nineteen years of age, or is at least eighteen years of age and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces, and is a citizen of the United States and either:

(a) Has assumed residency in this state;

(b) Is a member of the Armed Forces stationed in Missouri; or

(c) The spouse of such member of the military stationed in Missouri and nineteen years of age;

(3) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

(4) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a concealed carry permit or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a concealed carry permit;

(5) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

(6) Has not been discharged under dishonorable conditions from the United States Armed Forces;

(7) Has not engaged in a pattern of behavior, documented in public or closed records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;

(8) Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state following a hearing at which the defendant was represented by counsel or a representative;

(9) Submits a completed application for a permit as described in subsection 3 of this section;

(10) Submits an affidavit attesting that the applicant complies with the concealed carry safety training requirement pursuant to subsections 1 and 2 of section 571.111;

(11) Is not the respondent of a valid full order of protection which is still in effect;

(12) Is not otherwise prohibited from possessing a firearm under section 571.070 or 18 U.S.C. Section 922(g).

You can read the full statute here.

Thus, without reviewing the paperwork of your conviction, I really can't say for certain. So long as you didn't plead guilty or no contest, and were not convicted of a felony, and meet all the other requirements stated herein, you would be eligible under Missouri law.

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