Traffic Misdemeanor and Gun Ownership

Typically, I think misdemeanors (which includes careless and reckless), don't have much say in your CCW status provided it wasn't a violent offense. But that's just my opinion.

Obviously, you should consult a lawyer who specifically knows KY. Without alot more details (details you probably wouldn't want to share on an internet forum) I doubt anyone here could give you that much help.

But from a generic point of view, a non-violent misdemenor shouldn't automatically threaten your CCW. There have been rumors that traffic violations have been used to show a "pattern" of violating laws and has been used to reject a CCW renewal.

You don't say if this is your first offense, or just the latest one, and I would think that that would figure into things.

Under what theory of law would you think that what happens to you would justify confiscating your roommates guns? I doubt any misdemenor conviction would disqualify you from owning any firearms (but again I don't know KY law) but any needing a permit (assuming you lose your permit) would have to be transferred to someone (like family) who held the needed permit. I don't see how they could justify confiscation.

These issues should all be addressed by your lawyer.

Good thing for getting a lawyer. I know in some states if you take tickets to court and the officer who issues the ticket does not show the case will be dismissed.

Your lawyer should be able to answer your questions reguarding your CCW status and roomate.



good luck

I concur with consulting a lawyer as every state is different. When I applied for my CHL here in Texas, I left off my traffic offenses in New Jersey b/c I couldn't remember all the specifics and didn't want to get my application held up. Didn't cause nary one blip. But speaking with a lawyer who is familiar with the gun laws in your state is best.

You only lose your gun rights under Federal law if you are convicted of a felony or of a misdemeanor punishable by a year in jail. This applies whether you actually serve a year in jail or not. 30-days does not effect your 2A rights.

What it would do as far as your CCW goes, I couldn't tell you.

I don't think you can purchase a new gun while on misdemeanor probation. You don't lose any you have currently or the right to use them, but while on probation you can't purchase anymore until off probation. Could be wrong but think I saw that mentioned on my state information.

I'm a lawyer here in Texas. I can't really tell you about Kentucky law, because EACH STATE'S LAWS ARE DIFFERENT. That' something that surprises alot of people, but it is true. Each of the 50 states have different laws, and the Federal laws are different from the state laws.

So it is critical that you ask your lawyer specifically about the Kentucky CCW law, and it's applicability to this situation. The misdemeanor won't make any difference to your ability to own a firearm UNDER FEDERAL LAW, but you will need to check about state law. The misdemeanor probably won't make any difference to the CCW, but it might.

And don't just assume that all lawyers will automatically have the answer without looking it up. I had a situation once where a computer repairman for me had a misdemeanor (racing, what a coincidence) charge come up, hired a good criminal defense lawyer, and was about to plead guilty to probation (sound familiar?) He asked me about whether it would affect applying for a CCW. In Texas, you can't apply for a CCW if you have had a conviction for a class A misdemeanor in the last 10 years, so it would have kept him from applying. I'm not sure he had asked that question of his criminal defense lawyer, but I told him he was screwed if he went forward with it. Luckily, they were able to plea bargain it into a B misdemeanor, so it didn't become a problem. BUT YOU NEED TO ASK THE QUESTION. And it wouldn't hurt if your lawyer was a gun nut like me.

The misdemeanor probably won't make any difference to the CCW, but it might.

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Gotta love lawyers.

My favorite is when answers from my lawyer begin with "it depends". Whee!

Getting back on topic with the thread... I also agree that consulting an attorney is a good idea. While you may get several "it depends" type answers... the attorney will be able to guide you through the process better than if you fly solo.

Farmer

I have seen one problem with defense lawyers. They are so used to clients who only want to get back on the street that they will plead to anything that lets the perp (oh, sorry, poor downtrodden innocent person) walk. They forget that to a gun owner, almost any felony and some misdemeanor convictions mean goodbye guns, to some folks a worse punishment than a fine or even a short jail term.

It probably won't matter on that charge, but on anything more serious, a gun owner should have the name of an attorney who understands firearms law and is not a supporter of the Brady campaign.

Jim

Try here http://www.kc3.com/

So recently I was accused of drag racing (long story) which under KY Law is a misdemeanor

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You should be fine. But I'd like to add, at certain speeds (I believe generically, when going 2X the speed limit or 45mph over), you can be charged with FELONY speeding. You weren't, which is good, but in case you get the idea that you can get off with a misdemeanor each time... ok, sorry to sound like a grumpy parent, but just to make others aware of these as well.

IdahoFarmer, sounds like you need a one-armed lawyer. "On one hand . . ., and on the other . . ."

Jim, that's a fair concern. Mas Ayoob calls it "the guilty man's lawyer." I'll never forget my first truly innocent guy that went to trial even though it was years ago. I was sick for a week before the trial and was getting physically sick in the bathroom a couple of nights before the trial. All I could think of was, "what if the jury actually convicts this guy? How could they?"

Client was hit with Theft (D felony, 0 to 3, up to 10K fine here). He fixed a buddy's motorcycle and when the guy refused to pay, he refused to give him the bike back (mechanics lien). The other guy ran off to a lawyer who told him to see his buddy (smaller county) the Prosecuting Attorney. Based on a 4 sentence handwritten complaint with no police investigation they prosecuted my guy. Fortunately the jury acquitted him in 25 minutes. I was even sick while waiting for the jury verdict and shook for a hour after the decision.

Security, call your lawyer's office, schedule a conference. Drop off the questions you want answered a week before your meeting (oh, type them out if you can, I can't read some of my guys' handwriting). BTW, ask about methods to avoid the conviction (we call them "withhold prosecutions" on this side of the river).