We are often asked whether or not a DWAI or DUI conviction in Fort Collins, Loveland, or Estes Park results in the loss of a person’s Concealed Carry Permit (CCW). In order to answer this question, we need to dig deeper into the laws related to CCW’s in Larimer, Jackson, and Boulder County in order to fully understand.
How Do I Get a Concealed Carry Permit?
Colorado allows certain eligible citizens to carry a concealed firearm if they possess a Concealed Carry Permit. In order to get a permit, you must apply to the Sheriff in the county where you live. The Sheriff is responsible for screening applicants and determining whether or not they can obtain a CCW. One element they look closely at is whether or not you are prone to “chronic or habitual alcohol use.” But, how does the law approach this definition? Let’s look at the statute to find out.
The Definition of “Chronic or Habitual Alcohol Use” for CCW Permits:
Colorado statute 18-12-203, defines this term: “Chronically and habitually uses alcoholic beverages to the extent that the applicant’s normal faculties are impaired” means:
- The applicant has at any any time been committed as an alcoholic; or
- Within ten years, the applicant has had two or more alcohol – related convictions or DUI or DWAI; or
- Revocations related to misdemeanor alcohol-related convictions.
In layperson terms, if a person has had two DUIs or DWAIs in Colorado within ten years of submitting a concealed carry permit application, they will be viewed as a “chronic and habitual alcohol user” and the Sheriff will deny their permit.
I Have Two DUI Convictions – What Can I Do to Get a CCW?
[pullquote align=”left” textalign=”center” width=”42%”]If you work with a therapist who specializes in alcohol addiction, the Sheriff may consider reexamining your application.[/pullquote] If you have two alcohol convictions within the past ten years, you won’t be able to get a concealed carry permit. But, there is one possible way the law allows. If you work with a therapist who specializes in alcohol addiction who will sign off on your abstaining from alcohol for the past three years, the Sheriff may consider reexamining your application. The law provides for this circumstance in the following way: “The prohibition specified in this paragraph (e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed…and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.” There is a small chance the Sheriff will accept this letter from your therapist, but they will also look closely at other factors in order to determine whether or not to grant your application. They don’t want to take unnecessary chances.Why You Need a Lawyer for a CCW Application
If you have two DUIs or DWAIs in the past ten years and wish to obtain a concealed carry permit, you need to consult with an understanding criminal defense attorney who has a passion for gun rights. We know exactly what the Larimer, Jackson, and Boulder County Sheriffs are looking for when they review applications, and we are often able to help our clients obtain their right to bear arms. Don’t’ go through the process alone – guarantee the best possible outcome by working with a knowledgeable attorney.
If you are concerned your DUI or DWAI conviction might make you lose your right to obtain a concealed carry permit, contact an experienced gun rights defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007.
Together, we can protect your future.