As a referral attorney for the National Rifle Association (NRA),* Kevin Whiteley of the Whiteley Law Firm received a call from a Vietnam-era Navy veteran, former police officer, and Teamster union member regarding the denial of his application to obtain a certificate of qualification for a concealed carry endorsement.
According to the police department, the application was denied due to a 1974 felony conviction for unlawful possession of a concealable firearm. However, in considering the application, the police department failed to consider a judicial pardon, which restored all the rights and privileges of citizenship to the individual.
After the individual had contacted other attorneys who refused to assist him, Kevin Whiteley accepted the case and immediately filed an appeal with the small claims division of the St. Louis County Circuit Court.
In a pre-trial conference with the attorney for the police department, Mr. Whiteley presented a series of court cases describing how a judicial pardon is the functional equivalent of a governor's pardon and, therefore, has the effect of obliterating the existence of the underlying conviction.
Opposing counsel agreed and, through a stipulation of facts, conceded that Mr. Whiteley's client had no conviction and was entitled to have his application for the concealed carry permit approved. The judge agreed and ordered the police department to immediately issue the certificate of qualification of concealed carry endorsement to the individual.
If you feel you have wrongly been denied your right to obtain a concealed carry permit in Missouri, please contact the Whiteley Law Firm today.
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* The NRA does not endorse any attorney, but maintains a list of attorneys who are willing to assist NRA Members. For more information, please click here.