Arrests Without Conviction Cause Denial of CCW Application in MN?

L

larvatus

Moderator
My primary residence is in California. Last year I established a second residence in Minnesota. I applied for a MN pistol carry permit in Ramsey County on January 25. On February 20 my application was denied. The denial cited a record of two arrests in California on the charges of weapons carry. The incidents took place in 1990 and 20002. The first one involved possession of a knife on school grounds and possession of a weapon on campus. The prosecutor dropped all charges against me before the trial in response to my demonstration of a legitimate reason to possess a knife in preparation and consumption of food. On the second occasion I was charged with carrying a concealed weapon on person. The charge record erroneously referenced a non-existent prior conviction. I was acquitted in a bench trial upon demonstration of reasonable fear for my safety in response to documented threats against my life.

I intend to appeal this denial. However, I note that Subdivision 12 of Section 624.714 was amended in the 84th Legislative Session (2005-2006) S.F. No. 2259 by removing the provision that incidents for which the applicant was charged and acquitted may not be considered in the hearing upon denial of a permit to carry.

I would appreciate any legal advice or referrals in this matter.
 
The state I'm in now doesn't have CCW, but just being able to possess firearm or ammo usually means never being "charged" with anything that could have earned over one year in lockup. Notice I didn't say convicted. Sounds like maybe you have a similar situation. Also, here if I was on probation for anything, I couldn't have firearm or any other weapon. Perhaps where you're at has one of these grey areas.
 
but just being able to possess firearm or ammo usually means never being "charged" with anything that could have earned over one year in lockup. Notice I didn't say convicted.
Click to expand...

Do you have a cite for any State that shows this in their laws or regulations, or is it something you read somewhere on a board?
I know I could go through the regulations, State by State, but if you can point me to one, it will save me a lot of time.
 
Not gun related
But I was recently denied admission to a x-ray school because I was arrested 14 years ago

Notice I said arrested, not even charged much less tried or convicted

I feel for you larvatus
 
This comes up time and time again! Like a skipping record! Someone denied a CCW because they still have an active arrest on their record. Ok. Once again...

When you get arrested, the arrest remains on your criminal record until you submit an order for expungement to the court's offices. Generally, (and there are exceptions), an arrest on your record is cause for proper denial of CCW. So, if you have been arrested and acquitted, or had the charges dropped, you still have to go order an expungement of your criminal record before your background check will come clean.

This is the important part: Expungements are COMPLICATED!!! You cannot do this by yourself. You need to go talk to a criminal defense attorney and hire him to help you with getting your record expunged.

Edit: Don't waste your time on an appeal. You might get your CCW this time, but a dirty record will only cause you more problems later in life. Just go get your record cleared, and then re-apply for the CCW.

Hope this helps.
 
Not to hijack but

I have a TSA badge that allows me to go anywhere in Sanford Orlando International Airport and one that allowed me access to the tarmac at OIA

I have a C&R license and have never been denied any gun purchase but I can't go to a public school system votech. The OP has been denied a carry permit by a public agency

How is this not a violation of Innocent until proven guilty
 
Thanks to all for helpful advice. Expungements are hard to get in CA. They depend on getting the court to issue a declaration of factual innocence, which may not be available for an acquittal under the necessity defense. I already petitioned CA DOJ to remove their erroneous reference to prior conviction. I also supplied Ramsey County Sheriff's office with copies of my trial docket records that clearly indicate dismissal of one charge and acquittal of another. To date, I haven't even received the pistol purchase permit that is clearly my due.

Ramsey County appears to have the highest CCW application rejection stats in MN. This is surprising, since the law requires the court to award the applicant or permit holder reasonable costs and expenses including attorney fees, in the event his petition for a pistol carry permit is granted in a de novo review.
 
Deadin, Illinios. Our FOID cards have to be approved by the IL. State Police. Any background checks, prior charges, convictions, mental, drugs,etc. Can be rejected. Depends on how they feel at the time. The FOID is also one of the first things the court takes away especially if a person ends up on probation for an offense. A simple charge stays on record here, same as a conviction to give the court a history background as to what a person has been up to. Even traffic stops are recorded even if no tickets are given.
 
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