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Thread: Success rate for appealing denial?

  1. #1
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    Success rate for appealing denial?

    First time poster so please be nice

    Last month I applied for my CCW and was denied based on a charge (non violent) that was granted a stay of ajudification. I respectfully appealed the denial in a written letter and certified mailed it to the sherriffs office/grain exchange where I submitted my application. The charge is 12 years old and happened as a juvenile. I am now 28 and for the last 12 years my life has been clean, with the exception of a speeding ticket in California.

    My question is, it's been 15 business days since I appealed and am wondering what the chances are for getting my permit? I will add that I was approved and received a permit to purchase back in march.

    Is there any hope?

    Thanks in advance

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    Regular Member davidmcbeth's Avatar
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    IMO the standard for who can carry is the same for who can own. You have submitted your appeal .. I have no idea what your arguments were, what your viewpoint of the law was...etc.

    If you agreed that a subjective test is OK, then why would they reverse the original finding unless it was manifestly against the evidence presented?

    So, its impossible for anyone to predict your case's outcome.

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    I Guess a Better question to ask is what happens if the sheriffs office doesn't respond in 15 days? I heard they are obligated to redeny if an appeal is made within 15 business days. What happens if they do not?

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    Regular Member robdoar's Avatar
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    This is in Minnesota right? I only ask because you said "CCW", which is not what we have here.

    Success rates vary from county to county. What county was this?

    From what you said, unless you had a deadly weapon on you at the time of the offense, you should not have been denied. You said you had a stay of adjudication? and it's 12 years ago? How long is the continuance window?

    Unfortunately, you're going to need an attorney to successfully appeal. The good news, once it's granted, the county pays the legal fees.
    Last edited by robdoar; 08-16-2012 at 11:58 AM.
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    Regular Member robdoar's Avatar
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    Quote Originally Posted by Tom Burnstein View Post
    I Guess a Better question to ask is what happens if the sheriffs office doesn't respond in 15 days? I heard they are obligated to redeny if an appeal is made within 15 business days. What happens if they do not?
    15 calendar days, not business days.

    If they don't, it's a matter of getting the courts to force them to state reason for denial. (Writ of Mandamus)
    Last edited by robdoar; 02-10-2014 at 11:15 PM.
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    Was curious as if the sheriffs dept has to approve an appeal if they do not get to it within 15 days.

    But, I came home to my permit card today. Looks like I won the appeal and can put this to rest

    Thanks to those who posted some info so quickly. Much appreciated!

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    Quote Originally Posted by Tom Burnstein View Post
    Was curious as if the sheriffs dept has to approve an appeal if they do not get to it within 15 days.

    But, I came home to my permit card today. Looks like I won the appeal and can put this to rest

    Thanks to those who posted some info so quickly. Much appreciated!
    Wow, congrats man!

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    Quote Originally Posted by Tom Burnstein View Post
    Was curious as if the sheriffs dept has to approve an appeal if they do not get to it within 15 days.

    But, I came home to my permit card today. Looks like I won the appeal and can put this to rest

    Thanks to those who posted some info so quickly. Much appreciated!
    I'm in the same boat, day 15 was today. What day of the week did you receive yours on, and how many business days did it take? 16, 17?

    I'd really appreciate any advice you could give me.

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    Regular Member robdoar's Avatar
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    Quote Originally Posted by Bdockter View Post
    I'm in the same boat, day 15 was today. What day of the week did you receive yours on, and how many business days did it take? 16, 17?

    I'd really appreciate any advice you could give me.
    It's 15 calendar days, not business days.

    Squeaky wheel.
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    Quote Originally Posted by robdoar View Post
    It's 15 calendar days, not business days.

    Squeaky wheel.
    https://www.revisor.mn.gov/statutes/?id=624.714

    (b) Failure of the sheriff to notify the applicant of the denial of the application within 30 days after the date of receipt of the application packet constitutes issuance of the permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application, the sheriff must provide the applicant with written notification and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual basis. The sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. Upon receiving any additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12.

    Subd. 12.Hearing upon denial or revocation. (a) Any person aggrieved by denial or revocation of a permit to carry may appeal by petition to the district court having jurisdiction over the county or municipality where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief before the completion of the hearing. The record of the hearing must be sealed. The matter must be heard de novo without a jury.
    (b) The court must issue written findings of fact and conclusions of law regarding the issues submitted by the parties. The court must issue its writ of mandamus directing that the permit be issued and order other appropriate relief unless the sheriff establishes by clear and convincing evidence:
    (1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph (b); or
    (2) that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit. Incidents of alleged criminal misconduct that are not investigated and documented may not be considered.
    (c) If an applicant is denied a permit on the grounds that the applicant is listed in the criminal gang investigative data system under section 299C.091, the person may challenge the denial, after disclosure under court supervision of the reason for that listing, based on grounds that the person:
    (1) was erroneously identified as a person in the data system;
    (2) was improperly included in the data system according to the criteria outlined in section 299C.091, subdivision 2, paragraph (b); or
    (3) has demonstrably withdrawn from the activities and associations that led to inclusion in the data system.
    (d) If the court grants a petition brought under paragraph (a), the court must award the applicant or permit holder reasonable costs and expenses including attorney fees.



    If your appeal is found in your favor, the sheriff gets to pay your expenses. You need to find out what the history has been of the District Court judge overturning the sheriff's office denials. That may also explain the delay in responding. Whoever is reviewing the application / denial may be reconsidering, as if your case if "iffy", they could have a judge bitch slapping them and that really smarts and isn't a good career building move. Plus, they have to answer to the sheriff WHY 3 grand went out to a citizen defense instead of to the annual pig roast and drunken brawl.

    How did the sheriff's department receive the denial appeal, did you get a receipt? Cops LOVE to play games.

  11. #11
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    It says right there, 15 business days.

  12. #12
    Regular Member robdoar's Avatar
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    Quote Originally Posted by Bdockter View Post
    It says right there, 15 business days.
    Correct, good catch.

    One of the rare circumstances w/ MN gun laws that uses business days. Apologies for the confusion.
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