Denial of a Concealed Weapon License
In addition, a class 1 applicant may be denied if the applicant has been convicted of:
EFFECTIVE AUGUST 1, 2015: The BCI shall notify the applicant of the reason for the denial. The denial letter will include the reason or authority for the denial.
An 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 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 – 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.
- 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 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.
- 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. For more information, please refer to N.D.C.C. Ch. 62.1-02 and N.D.C.C. § 62.1-04-03, or contact an attorney in private practice.