What an arrogant jerk. His opinion does not matter. If you met the criteria, they have to issue.
I don't know whether that's procedure but I pretty much had to explain the whole situation with my record. They obviously did not know the law as well as I did when I appeared before them.I read the whole law before I applied to make sure I was eligible so by their actions I figured either they didn't know the law or they were excercising their anti-gun agenda to deny me my rights!I believe it was the later. I made sure that everyone in the room could hear what was going on and there had to be at least 20 people present.I believe that is why they were almost apologetic before they gave me my CPL. The state police rep and Disrict Att reps both congradulated me on recieving my CPL.The sheriff's rep ate crow.
He may be an arrogant jerk, but the board can deny a CPL based upon opinion supported by at least some facts (leaves a lot of discretion to the board)
Not knowing what the OP said in front of the board that may have incriminated him, I have no argument. On paper, he fit the criteria.
The above listed section is exactly what they used for their initial reasoning to postpone for a month.Due to the fact I have an interlock device in my car.In 94' I was convicted of ouil which exceeds the 8 yr listing and the open intoxicant ticket in 96' which is not on either list.Due to the change in 99' that required an interlock device for anyone convicted twice of ouil in a ten year period,the Sec of State went all the way back to 92'.My appeal was in January of 09'.Does that sound kosher to you?I told them that I had to show the Sec of State that I had been sober for more than a year in order to get the device put in the car but they said to get a report to show I had not been drinking and driving for the period that I had the device in the car.I told them the car will not run if there was any drinking in the first place.I gave them the report which obviously showed there was no drinking going on.DUHH!They had no clear and convincing evidence.The fact that the Sheriffs rep stated he was afraid that I might drink someday would eliminate me from getting a CPL for the rest of my life due to the fact that no one can guarantee any such thing.How many of those in attendance could guarantee,let alone the Dist Att, Sheriffs rep, State Police rep and all police enforcement officers,that they will not drink in the future? I was being condemned for life for what happened over 15 years ago!
Thank you for standing up to authority. Because of your actions we ALL gain a bit more liberty. If only all so called pro-gun people would stand up and be counted this country would be much better off.
It takes education.If you know the law and your rights it's easier to fight back! If you do not have the info they try to roll over you! This site is exactily what us citizens need to fight back! God Bless OC.org and all sites that tell us the truth!
I wasn't trying to argue that you were a poor risk for a cpl at all; just that there is some discretion even though people think there is none.
I saw no argument DrTodd and dougwg has a point for common sense that has been lacking in our laws for decades.
Max sentence for them is never long enough and I believe capitol punishment would do for common sense.
I hope I don't run into this problem. I have one OUIL on my record from 7 years ago, but according to the application as long as you don't have 2 or more you may apply.
The law states OUIL2nd.If you were charged with OUIL and you got a lawyer you would have plead to a lesser charge which is usualyOWI. Nonetheless OUIL2nd is the one stated in the 8 year list and thats the one they tried to get me on 15 years later.With only one conviction 7 years ago you might get a lawyer to go with you.The first time I went by myself and got turned down.You are allowed to appeal in the Circuit court.It was over 6 months later when I got my lawyer and too late to appeal presumably.The lawyer cost for the Circuit was $500 and $250 to appear with me when I re-applied + $105 for the App.It was cheaper for me to re-apply.You will be questioned because of the conviction I suspect,thats why a lawyer would help.It depends what county you are in also. Good luck anyway!
I'm in Jackson County. I'll decide if I'm going to take a lawyer with me when I come to that bridge. If I do get question at a board meeting, and denied I'll just tell them straight up "That's ok, I'll just open carry since I don't need approval from a board to do that".