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People considering submitting MD training

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
I had a chat with various legal people.

The contention is that since the rules are 'emergency', suing to get them 'fixed' would be pointless. The best course of action would be to work on our legislators to get the permanent rules fixed.

At best, the courts would most likely put the case on hold until the permanent rules are implemented, which could be many months.

In addition, the challenge to the rules would most likely be heard in Dane County. The part of Act 35 that allowed one to sue in your home county was to challenge the decision against the laws and the rules, not challenging the rules themselves.

So.... please take that for what it is worth.

I will decide before tomorrow which way I am going.
 

wild boar

Regular Member
Joined
Apr 2, 2011
Messages
445
Location
wisconsin
I'm going with my dd-214 Paul,

after all this time I want this to go smooth. There will always be time for the cause when the DOJ is done. boar out.
 
Last edited:

bmwguy11

Regular Member
Joined
Aug 11, 2011
Messages
461
Location
wisconsin
A bill was just put through the senate that would allow someone suing the state (or state board, commission, officers, employees, agents, etc) to choose a venue in any county they wish. I believe the assembly will vote on it this week. So once this bill becomes law, the challenge could be heard in a county other than dane county.

http://legis.wisconsin.gov/insession/insessiondocs/docs/SB-117.pdf

relating to: venue for actions and appeals in which
the sole defendant is the state, a state board or commission, or certain state
officers, employees, or agents.

Under current law, all actions in which the sole defendant is the state, a state
board or commission, or certain state officers, employees, or agents must be brought
in Dane County. This bill permits the plaintiff to designate the county within which
to bring the action.
Under current law, the state is divided into ten judicial administrative districts;
each judicial administrative district is comprised of one or more judicial circuits, or
counties, containing branches of the circuit courts. The state is also divided into four
court of appeals districts, comprised of one or more judicial circuits. Currently, an
appeal of a judgment or order issued by a circuit court must be heard in the court of
appeals district within which the circuit court is located. This bill permits the
appellant to select the court of appeals district within which to bring the appeal, but
the court of appeals district must not contain the circuit court from which the
judgment or order was issued.
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
I had a chat with various legal people.

The contention is that since the rules are 'emergency', suing to get them 'fixed' would be pointless. The best course of action would be to work on our legislators to get the permanent rules fixed.

At best, the courts would most likely put the case on hold until the permanent rules are implemented, which could be many months.

In addition, the challenge to the rules would most likely be heard in Dane County. The part of Act 35 that allowed one to sue in your home county was to challenge the decision against the laws and the rules, not challenging the rules themselves.

So.... please take that for what it is worth.

I will decide before tomorrow which way I am going.

Like you saidn, You can sue in home county to challenge a rejection decision, not the rules themselves. That would have be in Dane County, until the Assembly passes SB117 and the Governor signs it, then you can sue the state in any county you want. I like them apples.
 

tomm1963

Regular Member
Joined
Jun 28, 2008
Messages
176
Location
mke, ,
Could using the maryland training alone not get you a permit and cost you $50?

I would like to submit with just the Maryland on line certificate but the CC application states on the first page-

"All incomplete applications will be returned along with the payment. Any accepted application where the applicant is found to be ineligible for a concealed weapon license will be denied and the payment will not be returned."

So does that mean you lose the application fee if your denied for various reasons like Felony etc or if they don't like the training you submitted.
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
I would like to submit with just the Maryland on line certificate but the CC application states on the first page-

"All incomplete applications will be returned along with the payment. Any accepted application where the applicant is found to be ineligible for a concealed weapon license will be denied and the payment will not be returned."

So does that mean you lose the application fee if your denied for various reasons like Felony etc or if they don't like the training you submitted.

Probably.
 

Grant Guess

Regular Member
Joined
May 30, 2011
Messages
217
Location
Wisconsin, United States
Could be wrong, but I have a VERY ugly feeling that getting the emergency rules changed to drop the 4 hour training will not happen. The first dikweed to start spouting off about not changing the rules was Mursau. You know that Wangaarrd, Bies, Darling, Olsen and a gaggle of the Libtardians won't allow the 4 hrs to be dropped.
 

tomm1963

Regular Member
Joined
Jun 28, 2008
Messages
176
Location
mke, ,
The question... Is submitting MD training course an incomplete application which results in a return of your $50 or is it a denial in which case you pay the teller on the way out. I am thinking this is for peeps who don't pass the background check.... Who's going to pony up a Grant and find out? I might, just need some convincing. And some ideas for what next.
 

mrjam2jab

Regular Member
Joined
Apr 26, 2009
Messages
769
Location
Levittown, Pennsylvania, USA
I would like to submit with just the Maryland on line certificate but the CC application states on the first page-

"All incomplete applications will be returned along with the payment. Any accepted application where the applicant is found to be ineligible for a concealed weapon license will be denied and the payment will not be returned."

So does that mean you lose the application fee if your denied for various reasons like Felony etc or if they don't like the training you submitted.

The question... Is submitting MD training course an incomplete application which results in a return of your $50 or is it a denial in which case you pay the teller on the way out. I am thinking this is for peeps who don't pass the background check.... Who's going to pony up a Grant and find out? I might, just need some convincing. And some ideas for what next.

I would think....not accepting the training is NOT a denial. In that case they would send the whole thing back for a do-over.
 

bmwguy11

Regular Member
Joined
Aug 11, 2011
Messages
461
Location
wisconsin
A bill was just put through the senate that would allow someone suing the state (or state board, commission, officers, employees, agents, etc) to choose a venue in any county they wish. I believe the assembly will vote on it this week. So once this bill becomes law, the challenge could be heard in a county other than dane county.

http://legis.wisconsin.gov/insession/insessiondocs/docs/SB-117.pdf

relating to: venue for actions and appeals in which
the sole defendant is the state, a state board or commission, or certain state
officers, employees, or agents.

Under current law, all actions in which the sole defendant is the state, a state
board or commission, or certain state officers, employees, or agents must be brought
in Dane County. This bill permits the plaintiff to designate the county within which
to bring the action.
Under current law, the state is divided into ten judicial administrative districts;
each judicial administrative district is comprised of one or more judicial circuits, or
counties, containing branches of the circuit courts. The state is also divided into four
court of appeals districts, comprised of one or more judicial circuits. Currently, an
appeal of a judgment or order issued by a circuit court must be heard in the court of
appeals district within which the circuit court is located. This bill permits the
appellant to select the court of appeals district within which to bring the appeal, but
the court of appeals district must not contain the circuit court from which the
judgment or order was issued.


SB117 goes before the assembly on thursday.
 

wild boar

Regular Member
Joined
Apr 2, 2011
Messages
445
Location
wisconsin
most of us...

...have chosen the the path of least resistance. Our want for legal conceal carry has out weighted our desire for conflict at this point but, I personally feel this should be challenged. Not just MD, the whole four hour training requirement. The DOJ far overstepped It's boundary in the rules, we have to test the waters before it becomes SOP. There is, most certainly, a good case to go forward with. As Paul has pointed out, these are "emergency rules", not the law. boar out.
 

TheManInBlack

Regular Member
Joined
Jul 19, 2011
Messages
54
Location
Wi
I put mine in... no reply yet... anyone else? Doesn't bother me if I don't get it this time... If i don't, ill wait until the emergency rules are lifted..
 

wild boar

Regular Member
Joined
Apr 2, 2011
Messages
445
Location
wisconsin
Good job...

I put mine in... no reply yet... anyone else? Doesn't bother me if I don't get it this time... If i don't, ill wait until the emergency rules are lifted..

...I hope your not the first, or the last. I used my 214, but have the MD, and am getting the UT by Yellow Cat for the 70% state coverage. boar out. :cool:
 

nevinsb

Regular Member
Joined
Apr 28, 2009
Messages
145
Location
NY
Yeah, I wasn't sure what to give them being active duty, so I gave them my ERB and DA-5789.
 
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