Denied Permit to Purchase Minnesota

[bottlebuster]

In 2002 I was arrested for 5th degree DV for a verbal argument with my then GF. This was non violent and it has been my only run in with the law in all my 52 years.

In court the DA offered a plea bargain. I pleaded guilty to Disorderly Conduct. I was told that this would not be on my record.
My case file shows:

5th Degree Domestic Assault - Misdemeanor - Dismissed
Disorderly Conduct - Misdemeanor - Guilty.

Now, today I received a denial letter from my local police department. In it it says the reason was " Convicted of 5th Dergree DV" .

I printed out my case file and went to the police department. The officer tried very hard to come up with something as a valid reason that my permit was denied. I kept pointing out that I was never convicted on what they used for reason but he kept telling me that Federal Law "might" be the reason why a "conviction" would not be needed but merely a plea down.
They showed me their printout of my paperwork and it it it does say "convicted of 5th degree assault" but that is clearly not correct. My document I have is directly from the court.

They said they would meet with the city attorney to discuss as they clearly had no other valid explanation why my permit was denied, at least they ran out of excuses in my mind.

Now, if I wasn't convicted of the DV, could a plea down still prevent me from obtaining a permit?

Before I go down the appeals route I wanted to see if anyone had some input on this.

Thanks !!

 

[JoeSparky]

Suggest an in depth discussion with an attorney versed in these laws in your state.

Opinions on the internet are worth exactly what you've paid for them--- NOTHING!

While in my opinion per the info you've posted you are being wrongfully and illegally denied see my previous statement!

 

[bottlebuster]

Thank you for your replies.

While I think I understand that someone who is "convicted" of a violent domestic crime is denied a permit I am having trouble understanding why someone that was NOT convicted is denied for the same reason.

Anyone can be charged with anything but not everyone is convicted of whatever was charged.

Since my 5th degree assault charge was dismissed I feel like I would be in the clear. At least that's what my mind is telling me.
Is a dismissal of a charge still reason for a denial if one pleads for a lesser charge which I think is not listed as a valid reason for denial ?

 

[solus]

the crux of this post centers around a concept that the OP's data is correct...

that presumption builds on a personal curiosity as to why an individual would spew their legal history & story about being denied their conceal carry permit as a first time poster to a strange forum...an open carry forum at that.

further, as pointed out the hyperbole provided as recourse is worthless at best in resolving the newbie's conflict regardng obtaining their conceal carry privileges

but i am sure the hamsalad is still eatable in Denmark...

ipse

 

[Grapeshot]

"Lesser included offense" may rise to bite you.
http://legal-dictionary.thefreedictionary.com/Lesser+Included+Offense

Definitely recommend seeking legal counsel.

 

[Grapeshot]

the crux of this post centers around a concept that the OP's data is correct...

that presumption builds on a personal curiosity as to why an individual would spew their legal history & story about being denied their conceal carry permit as a first time poster to a strange forum...an open carry forum at that.

further, as pointed out the hyperbole provided as recourse is worthless at best in resolving the newbie's conflict regardng obtaining their conceal carry privileges

but i am sure the hamsalad is still eatable in Denmark...

ipse

Permit to purchase, not concealed carry permit. Nevertheless, your point is valid.

 

[bottlebuster]

the crux of this post centers around a concept that the OP's data is correct...

that presumption builds on a personal curiosity as to why an individual would spew their legal history & story about being denied their conceal carry permit as a first time poster to a strange forum...an open carry forum at that.

further, as pointed out the hyperbole provided as recourse is worthless at best in resolving the newbie's conflict regardng obtaining their conceal carry privileges

but i am sure the hamsalad is still eatable in Denmark...

ipse

I apologize but I don't quiet understand some of your points.

As far as posting on a forum goes, it's not like I added my personal info or bank account number ;-)

The reason why I posted here is that I found a similar thread on this forum which was answered with some good information.

While I know that the internet is not the place for legal advice, many times people have suggestions based on own experience etc.

 

[robdoar]

Were you in possession of a firearm during the disorderly xonduct?

If not it doesnt rise to prohibited person under 624.713.

Whats terrible about our law is that there is no teeth to the permit to purchase law, like there is for the permit to carry law. Youre allowed to sue the sheriffs office for wrongful denial, and reclaim legal fees. Not so with PTP.

What municipality is this?

Shoot me a message at rob.doar@gunowners.mn Ill run it by our counsel to see if its something we can help with.