Got a call from local PD, they wanted to know whether or not my brother's first-time drug possession charge from 2015 was completely dismissed or conditionally dismissed (it was completely dismissed). They asked whether we live together, which we do. I've got another brother at home who had a DWI in 2012. They said the drug charge was "more of a concern" to them. The officer is going to confirm the dismissal and he said I'll hear back from them.

 

People, tell me WTF is happening to me here? Are my pistol permits about to be denied?

 

When I applied for P2P they also at the time noticed an error on their part on my original FID which they are working on replacing; they wrote my FID# in the date box. I still have the original. Are they going to revoke my FID too now that they caught wind of this BS?

 

FYI my brother was wrongfully accused and arrested a year ago and the charges were DISMISSED. Ten years ago the kid completed outpatient therapy and graduated magna cum laude from college. The other dimwit brother with the DWI is a schoolteacher.

 

Yeah. We're REAL dangers to society.

Sit tight and see what happens.  Do not play your cards too early.  

That's what I was planning. I don't think I even have cards to play. I knew they were serious so I courteously told them "sure, just do what you have to do, I'm in no rush, enjoy your holiday".

As said above sit back and wait for the decision. There is nothing someone can suggest to you on this forum that will change what the decision is from the PD. Sit back and enjoy your holiday and deal with it when you know what is going on for sure.

I would probably just wait it out.  However, I do think that it would be easier to deal with the matter before it's officially denied, not that there is any reason for it to be denied.

 

It would probably be pretty cheap to get one of our gun attorneys (I'm thinking Jef Henninger) to make a phone call to inquire about the status and any problems.  This at least lets the PD know that you're prepared to take action if it's denied and might help to just make sure everyone follows the rules.

Does the law state you can't get a P2P if you live with a prohibited person?

 

I know this applies if you live with a convicted Felon. Even in that case, I thought you could own a gun as long as it was locked in a safe and the Felon had no access.

 

The DUI is not an issue. I doubt any dismissed case would be either. The outpatient therapy thing could very well be an issue for the brother but I can't see how it would pertain to the FID holder.

I would probably just wait it out. However, I do think that it would be easier to deal with the matter before it's officially denied, not that there is any reason for it to be denied.

 

It would probably be pretty cheap to get one of our gun attorneys (I'm thinking Jef Henninger) to make a phone call to inquire about the status and any problems. This at least lets the PD know that you're prepared to take action if it's denied and might help to just make sure everyone follows the rules.

Ideally this would work. But I tend to lean towards not provoking them. In this modern climate, and I'm talking with any police related issue, they are a very defensive bunch. I'm crossing my fingers that I played this right by not only being courteous, but also filling out the stupid (not to mention illegal) questionnaire in the first place.

Does the law state you can't get a P2P if you live with a prohibited person?

 

I'm not sure how definitive the law is I'd consult a lawyer. However, living with a prohibited individual means you can't have guns. There is the notion of constructive possession. I'm not sure either of the issues that his brothers dealt make them prohibited. However what's the outpatient therapy mentioned above? Psychological treatment?

Outpatient therapy for opioids, and that was 10 years ago. It wasn't ordered by a court or anything and I don't think the cops are even aware of it. Since then, he's been an employed upstanding citizen, with the exception of the past year since no one would employ him with the 2015 arrest on his record. And again that was dismissed about a week ago. I won't even bring up the outpatient therapy because that's volunteering the fact that he had a problem.

 

To be honest, the officer made it sound like if I was telling the truth the permits should be approved but he didn't actually say it. We'll just have to wait and see. But I'll tell you guys one thing, getting arrested wrongfully f***s your life up. It takes a year just to get into a courtroom then another year getting it expunged, and by then you've lost your job, your rights, and your due process. Guilty until proven even more guilty.

See what happens before you worry to much. However, therapy, court ordered or not, is something to be considered. If the therapist says patient is unfit for guns it's pretty much game over.