Edit: Permission slip approved 3/18/15
Edit: Redacted some additional information as this original cause for this denial is now sealed 6/11/2015
Long time reader, never wanted to register as this is a public forum and I would have preferred to remain anonymous. Thus said I feel the need to inform the public of my current situation in the hopes that it may assist others that may find themselves in a similar situation. I will not be discussing any background on the charges nor will I argue any points surrounding those charges I don't disagree with the system only in how it's implemented in regards to my charges.
Yes my charges are severe and I make no excuses beyond what has already been proven in due process and ultimately dismissed in court.
I'm posting a redacted version of my official request(response) for re review of my CHP application by the El Paso County, CO Sheriff for your reading pleasure and to induce constrictive criticism. I will be delivering my statement after review by my attorney tomorrow morning and will provide updates as I get them.
so without further ado here's my reply to the undersheriff.
March 4, 2015
{Redacted}
Undersheriff
El Paso County Sheriff’s Office
27 East Vermijio Ave
Colorado Springs, CO 80903
RE: Denial of Concealed Handgun Permit # {Redacted}, Dated February 20, 2015, Postmarked March 02, 2015.
Dear Undersheriff {Redacted},
I formally request a second review by Sheriff Elder pursuant to C.R.S. Section 18-12-207 in regards to my Concealed Handgun Permit # {Redacted} denial.
I do not deny your statement in the letter dated February 20, 2015 that I was arrested on October 24, 2010 on a charge Redacted, as referenced in the El Paso County Sheriff Office Case Report Number {Redacted}. I do argue that the arrest report has no merit and should not be part of this decision process to grant a concealed handgun permit as that report as well as all charges levied against me have already been through due process under the Colorado judicial system, resulting in all charges being dismissed. While I have been accused of, I have not been convicted of any crime, Pursuant to C.R.S 18-12-203(C) I am eligible under both federal and State laws to own and possess firearms; An arrest or charge for a crime without proven evidence in a court of law should not be a basis for this denial.
While I respect the right of the Sheriff to deny my application pursuant to C.R.S. 18-12-203(2) on an assumption that I would pose a danger to myself or others by issuance of a concealed handgun permit, I argue the fact that I’m legally authorized to possess and carry my firearms openly in the State of Colorado via federal and state provisions and that the issuance of a concealed handgun permit will not make me a threat to myself or others.
I present that under C.R.S. 18-12-207(3) that should this matter require a judicial review “if the denial, suspension, or revocation was based on the sheriff’s determination that the person would be a danger as provided in section 18-12-203(2), the sheriff shall have the burden of proving the determination by clear and convincing evidence.” As the basis for this denial is on an arrest record and report, on an isolated incident, that has already been fully vetted under law and dismissed, I argue that the sheriff does not have clear and convincing evidence that the issuance of a concealed handgun permit will have any reasonable belief to be a danger.
Neither I nor my spouse have been personally interviewed by the sheriff in relation to this application and feel that the judgment for denial of my CHP application is based on hearsay from Deputy {Redacted}’s police report and an arrest record that has already been through due process; thus warranting further and substantial review. Since this case has been dismissed by the District Attorney and I’m not prohibited from obtaining or possessing firearms under federal and Colorado state law, I would request that you reconsider this decision.
I respect the fact that a concealed handgun permit is a privilege and not a right, the reason behind my application for a CHP is solely to be within the law in the inadvertent event that my firearm should be accidentally covered by clothing while open carrying as well as reciprocity for carrying while my family and I travel. I feel that the defense of my family and self are an individual responsibility within constraints of constitutional, state, and local laws. As an individual that has not been convicted of any actions that would render my right to keep and bear arms ineligible I present that I am within reasonable cause to be issued a concealed handgun permit pursuant to C.R.S 18-12-203(1). I feel this denial is based on opinion without basis in law and does not have clear and convincing evidence that I would be a danger by the issuance of a concealed handgun permit.
Since the District Attorney did not have basis to proceed to trial on these charges, this event occurred in isolation, and there have been no other issues prior or post there should be no reason to deny my application for a concealed handgun permit.
While this issue has caused some uncomfortable discussions with employment opportunities it has not prevented employment nor has it caused denial of my reactivated DOD security clearance over three years ago. As a decorated honorably discharged disabled Veteran, and Eagle Scout I have spent the majority of my lifetime in community service and defending our nation for our freedoms. I request that you reconsider your decision.
If you require additional information or documentation that has not been provided by this statement please request any specifics you may require. The original denial letter simply advised me of my rights for re-review or judicial review but did not request any specific information or documentation.
With Respect,
{Redacted}
Edit: Redacted some additional information as this original cause for this denial is now sealed 6/11/2015
Long time reader, never wanted to register as this is a public forum and I would have preferred to remain anonymous. Thus said I feel the need to inform the public of my current situation in the hopes that it may assist others that may find themselves in a similar situation. I will not be discussing any background on the charges nor will I argue any points surrounding those charges I don't disagree with the system only in how it's implemented in regards to my charges.
Yes my charges are severe and I make no excuses beyond what has already been proven in due process and ultimately dismissed in court.
I'm posting a redacted version of my official request(response) for re review of my CHP application by the El Paso County, CO Sheriff for your reading pleasure and to induce constrictive criticism. I will be delivering my statement after review by my attorney tomorrow morning and will provide updates as I get them.
so without further ado here's my reply to the undersheriff.
March 4, 2015
{Redacted}
Undersheriff
El Paso County Sheriff’s Office
27 East Vermijio Ave
Colorado Springs, CO 80903
RE: Denial of Concealed Handgun Permit # {Redacted}, Dated February 20, 2015, Postmarked March 02, 2015.
Dear Undersheriff {Redacted},
I formally request a second review by Sheriff Elder pursuant to C.R.S. Section 18-12-207 in regards to my Concealed Handgun Permit # {Redacted} denial.
I do not deny your statement in the letter dated February 20, 2015 that I was arrested on October 24, 2010 on a charge Redacted, as referenced in the El Paso County Sheriff Office Case Report Number {Redacted}. I do argue that the arrest report has no merit and should not be part of this decision process to grant a concealed handgun permit as that report as well as all charges levied against me have already been through due process under the Colorado judicial system, resulting in all charges being dismissed. While I have been accused of, I have not been convicted of any crime, Pursuant to C.R.S 18-12-203(C) I am eligible under both federal and State laws to own and possess firearms; An arrest or charge for a crime without proven evidence in a court of law should not be a basis for this denial.
While I respect the right of the Sheriff to deny my application pursuant to C.R.S. 18-12-203(2) on an assumption that I would pose a danger to myself or others by issuance of a concealed handgun permit, I argue the fact that I’m legally authorized to possess and carry my firearms openly in the State of Colorado via federal and state provisions and that the issuance of a concealed handgun permit will not make me a threat to myself or others.
I present that under C.R.S. 18-12-207(3) that should this matter require a judicial review “if the denial, suspension, or revocation was based on the sheriff’s determination that the person would be a danger as provided in section 18-12-203(2), the sheriff shall have the burden of proving the determination by clear and convincing evidence.” As the basis for this denial is on an arrest record and report, on an isolated incident, that has already been fully vetted under law and dismissed, I argue that the sheriff does not have clear and convincing evidence that the issuance of a concealed handgun permit will have any reasonable belief to be a danger.
Neither I nor my spouse have been personally interviewed by the sheriff in relation to this application and feel that the judgment for denial of my CHP application is based on hearsay from Deputy {Redacted}’s police report and an arrest record that has already been through due process; thus warranting further and substantial review. Since this case has been dismissed by the District Attorney and I’m not prohibited from obtaining or possessing firearms under federal and Colorado state law, I would request that you reconsider this decision.
I respect the fact that a concealed handgun permit is a privilege and not a right, the reason behind my application for a CHP is solely to be within the law in the inadvertent event that my firearm should be accidentally covered by clothing while open carrying as well as reciprocity for carrying while my family and I travel. I feel that the defense of my family and self are an individual responsibility within constraints of constitutional, state, and local laws. As an individual that has not been convicted of any actions that would render my right to keep and bear arms ineligible I present that I am within reasonable cause to be issued a concealed handgun permit pursuant to C.R.S 18-12-203(1). I feel this denial is based on opinion without basis in law and does not have clear and convincing evidence that I would be a danger by the issuance of a concealed handgun permit.
Since the District Attorney did not have basis to proceed to trial on these charges, this event occurred in isolation, and there have been no other issues prior or post there should be no reason to deny my application for a concealed handgun permit.
While this issue has caused some uncomfortable discussions with employment opportunities it has not prevented employment nor has it caused denial of my reactivated DOD security clearance over three years ago. As a decorated honorably discharged disabled Veteran, and Eagle Scout I have spent the majority of my lifetime in community service and defending our nation for our freedoms. I request that you reconsider your decision.
If you require additional information or documentation that has not been provided by this statement please request any specifics you may require. The original denial letter simply advised me of my rights for re-review or judicial review but did not request any specific information or documentation.
With Respect,
{Redacted}
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