Denied CPL in wayne county

[davidmcbeth]

Once is a mistake twice is a pattern.

For others in similar circumstances:

Driving w/o a license or DUI etc are not related to carry. At ALL. His gun rights are intact. He has a right to carry.

This point is really a question of law; one that would be reviewed de novo. So, does he need a lawyer if this is his argument? No.

An admin appeal would bring this issue up anew. And one should make this argument. To preserve it...questions of fact are generally left up to the admin hearing officers ... upper courts generally will not reverse on factual conclusions.


Its a good result for this gentleman; perhaps not for the next.

 

[davidmcbeth]

Thanks a lot for all the comments. I just wanted to give everyone an update. I went to the board meeting today without an attorney, and was approved for my CPL.:banana: The board even went as far as to state that I should have never been denied because my dwls 2 nd offense was over 8yrs old?????Well it cost me a days pay, but I'm just glad it's approved.

Good to see the board use common sense ... its not so common among gov't officials.

Enjoy your permit. You played the game and won.

I don't think we even need permits myself...

 

[budlight]

Thanks a lot for all the comments. I just wanted to give everyone an update. I went to the board meeting today without an attorney, and was approved for my CPL.:banana: The board even went as far as to state that I should have never been denied because my dwls 2 nd offense was over 8yrs old?????Well it cost me a days pay, but I'm just glad it's approved.

Congrats man!

 

[FreeInAZ]

Congrats man!

Yep +1. It probably didn't hurt posting here about it. I know for a fact members of the WACO GB read this forum. Had a member tell me so.

 

[Haman J.T.]

Take a lawyer with you. The police will find any excuse to deny a person. You have to force them to comply with the law.

It took me a $250 gun lawyer to point out to the board that their paperwork was faulty and that their understanding of the simple words of the law was also faulty. They will accept a lawyer pointing out their ignorance.They will never accept the word of a non lawyer, even if the non lawyer points out the same defects! FACT! Your Right to Bear IS worth a lawyer pointing out their f-up! CARRY ON! P.S. It's ejoyable to watch em get their come upance and even better if their are other Citizens in the room!

 

[budlight]

It took me a $250 gun lawyer to point out to the board that their paperwork was faulty and that their understanding of the simple words of the law was also faulty. They will accept a lawyer pointing out their ignorance.They will never accept the word of a non lawyer, even if the non lawyer points out the same defects! FACT! Your Right to Bear IS worth a lawyer pointing out their f-up! CARRY ON! P.S. It's ejoyable to watch em get their come upance and even better if their are other Citizens in the room!

Just curious, since you had to get a lawyer involved did they cover the legal fees?

 

[Haman J.T.]

Just curious, since you had to get a lawyer involved did they cover the legal fees?

According to the law an appeal has to be done in a reasonable time (immediate IS best) in order for lawyer fees (I believe it's 50%) to be paid if you 're successfull. I didn't get an NRA lawyer until after my 6 month cooling off period for having My Rights rejected illegaly! CARRY ON!

 

[budlight]

According to the law an appeal has to be done in a reasonable time (immediate IS best) in order for lawyer fees (I believe it's 50%) to be paid if you 're successfull. I didn't get an NRA lawyer until after my 6 month cooling off period for having My Rights rejected illegaly! CARRY ON!

Ok.....just wondered, that too bad you had to shell out money for this.