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Denial of a Concealed Weapon License

Reasons for Denial:
An initial or renewal application may be denied for any of the following reasons:

ALL applicants:

  1. The applicant is prohibited under state or federal law from owning or possessing a firearm.
  2. The applicant made a “material misstatement” on the application form.
    • As indicated on the application form, you are required to disclose any offense for which you have ever been charged, arrested, convicted or plead guilty to โ€“ 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 โ€“ A class 1 applicant may be denied if the applicant has been convicted of:

  1. a felony offense, a crime of violence or domestic violence, or an offense involving moral turpitude;
  2. an offense involving the use of alcohol within 10 years prior to the date of the application form;
  3. 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.

For more information, please refer to N.D.C.C. Ch. 62.1-02 and N.D.C.C. ยง 62.1-04-03, or contact an attorney in private practice.

Material Misstatement:

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) - regardless of how long ago those offenses occured. 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 โ€“ 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 disclose that offense is what makes you ineligible for one year. Before submitting a new application next year, we suggest that you review your complete Criminal History Record so that you are able to complete the application properly with full disclosure of all offenses for which you have ever been charged, arrested, plead guilty or found guilty, even if the charge or the guilty plea was later dismissed.

By law, when requesting a ND Criminal History Record by mail, the result may only show back three (3) years for any charges that were dismissed or deferred. This does not mean it is off your record; it only means that this information cannot be released via mail. This is to protect you from unauthorized attempts to access your criminal record. Your complete criminal record is always available to law enforcement.

To obtain your complete criminal history record, you can:

  1. Make a request to view your North Dakota Criminal History Record IN PERSON at your local law enforcement agency or by coming to the Bureau of Criminal Investigation (you will need a valid government-issued photo ID). There is no charge to view a copy of your record.

OR

  1. 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/identity-history-summary-checks/backgroundchk. As the North Dakota Criminal History Record check does not cover any other state, if you have lived or worked in states other than North Dakota, you also may need to request a record check from the FBI.

Additionally, some ND offense information is contained in publically available court records. You can search these records on the North Dakota Courts Records Inquiry page at http://www.ndcourts.gov/publicsearch/default.html.

The BCI is prohibited by state and federal laws from releasing information about a criminal history record by phone, email, etc.

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.