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Has anyone been denied for a CPL in Oakland county?

EDA50

Regular Member
Joined
Nov 20, 2009
Messages
60
Location
Troy, Michigan, USA
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As I stated in my prior post, I applied for a CPL last month. I qualify in every way but I have had 2 D.U.I's over 8 years ago. My first was in '96 and my second I was sentenced in October of 2001. The woman at the clerks office made note that it was over over 8 years so I was eligible. My hesitation is that 2 years ago I went to the city of Troy to get a purchase Permit and they denied me based on my criminal history of 2 dui's and 2 drunk and disorderly charges. I do understand the cities stance. On paper I sound like I shouldn't have a weapon! I quit drinking 8 years ago in my mid 20's and I know I could probably win an appeal, but I just don't feel like going through all of those hoops. Has anyone heard of any denials in Oakland county that had similar circumstances?
 

RabbiVJ

Campaign Veteran
Joined
Nov 22, 2009
Messages
212
Location
ATL via DTW
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I grew up in Troy, Troy PD is somewhat messed imo...but afaik if the DUI is longer than 8 years that should be ok.
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
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This is one of those questions you should refer to the Legal Beagle section on MGO, or ask a lawyer. Many cities and towns do not follow state law when issuing or denying purchase permits. If your eligible for a CPL, then they cannot deny you. That's the whole meaning behind "shall issue". If your eligible for a purchase permit, they are also not supposed to deny you, but they also know that you probably won't hire a lawyer to fight it. County's aren't usually as corrupt as the smaller units of government in this area.
 

EDA50

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Joined
Nov 20, 2009
Messages
60
Location
Troy, Michigan, USA
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There is the part in the law that gives a gun board discression something about if the applicant could be a danger to himself or others. That is a slippery slope. It leaves a big door wide open. Don't misunderstand, I dont want dangerous people to have guns, however I fear any kind of "loop hole" that anti-gun people can use. It seems that this was covered under all of the other provisions in this law in regards to felonys and mental illness. Am I off base here? Would anyone like to see the laws way looser? Tighter?
 

mikestilly

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Joined
Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
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EDA50 wrote:
There is the part in the law that gives a gun board discression something about if the applicant could be a danger to himself or others. That is a slippery slope. It leaves a big door wide open. Don't misunderstand, I dont want dangerous people to have guns, however I fear any kind of "loop hole" that anti-gun people can use. It seems that this was covered under all of the other provisions in this law in regards to felonys and mental illness. Am I off base here? Would anyone like to see the laws way looser? Tighter?

The law is very clear. If you meet the criteria you will receive it. If you're worried and have to go in front of the board I advise you to bring an attorney. If I did something in my past that might be called in to question you want a lawyer defending your rights to bear arms to avoid what you're saying above. Otherwise if you're not called in front of the board you have nothing to worry about.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
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EDA50 wrote:
As I stated in my prior post, I applied for a CPL last month. I qualify in every way but I have had 2 D.U.I's over 8 years ago. My first was in '96 and my second I was sentenced in October of 2001. The woman at the clerks office made note that it was over over 8 years so I was eligible. My hesitation is that 2 years ago I went to the city of Troy to get a purchase Permit and they denied me based on my criminal history of 2 dui's and 2 drunk and disorderly charges. I do understand the cities stance. On paper I sound like I shouldn't have a weapon! I quit drinking 8 years ago in my mid 20's and I know I could probably win an appeal, but I just don't feel like going through all of those hoops. Has anyone heard of any denials in Oakland county that had similar circumstances?
Welcome to OCDO!

I was worried about similar items, as I quit drinking over 20 years ago in my 20's and thought that the "past sins" would come back to haunt me. I was not denied either the pistol purchase permit or a CPL.

The following is the MCL on Pistol Purchase Permits (please read it!): http://legislature.mi.gov/doc.aspx?mcl-28-422

Excerpt:
(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:
As I read it, Troy PD had to have probable cause to deny the pistol purchase permit. Since it was approximately 6 years since your last offense, I am not sure what that probable cause could have been.

Probable Cause: http://en.wikipedia.org/wiki/Probable_cause

It will be fun once you have your CPL to bring in the Pistol Sales Record in to the Troy PD! You need not do anything more than smile as you hand it to them :D
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
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EDA50 wrote:
As I stated in my prior post, I applied for a CPL last month. I qualify in every way but I have had 2 D.U.I's over 8 years ago. My first was in '96 and my second I was sentenced in October of 2001. The woman at the clerks office made note that it was over over 8 years so I was eligible. My hesitation is that 2 years ago I went to the city of Troy to get a purchase Permit and they denied me based on my criminal history of 2 dui's and 2 drunk and disorderly charges. I do understand the cities stance. On paper I sound like I shouldn't have a weapon! I quit drinking 8 years ago in my mid 20's and I know I could probably win an appeal, but I just don't feel like going through all of those hoops. Has anyone heard of any denials in Oakland county that had similar circumstances?
First get your CPL and you'll never have to worry bout purchase permit

The denial of a purchase permit, I think I would have replied with I can't exercise my rights but you'll let me drive a car. Should lawyer up on that one next time.
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
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EDA50 wrote:
The reason I started looking into a cpl is because I was denied a purchase permit. It seemed easier!!!
Don't compare the denial to a CPL, LTP's are denied frequently due to many reasons. One for example, having the same name of another individual with a not-so-good background history.
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
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My friend Mark is on the gun board. He is the one non government worker there. Going by what he's told me, I have every reason to doubt that they'll deny you if they said up front you were eligible. They can find out instantly with the LEIN system that you're legal or not.

I would consider it extremely unlikely that they'll deny you. But if they do, contact Mark. Here is his website with his contact info. www.wildwestacademy.com

The only real problem with the way they process CPLs, aside from the fact the damn unconstitutional things even exist, is the fact that they are SLOW. Here, they make you bring a picture, and within a couple months or so, they make and send a card using technology a 3rd grader could have designed in the 1940s.

In other states, you bring them your paper work, they snap a picture, and in less than half an hour they hand you a card. Many High Schools use this type of system for ID's. Why in the hell can't the state of Michigan?
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
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Congrats! Not to be Debbie Downer but 4 major alcohol related offences is a pretty big deal. I wouldn't sniff a beer while carrying if I were you.
 

EDA50

Regular Member
Joined
Nov 20, 2009
Messages
60
Location
Troy, Michigan, USA
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Its a very big deal. I don't drink at all. I was in my 20's then, I have a wife and kids now. Not Debbie Downer, good advice..
 
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