wrongful denial of cpl oakland county mi.

wrongful denial of cpl oakland county mi.

This is a discussion on wrongful denial of cpl oakland county mi. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; today after waiting 50 days for my cpl I received instead a letter stating that I had a felony charge in 1988 ( it was ...

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Thread: wrongful denial of cpl oakland county mi.

  1. #1
    New Member Array murjam's Avatar
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    wrongful denial of cpl oakland county mi.

    today after waiting 50 days for my cpl I received instead a letter stating that I had a felony charge in 1988 ( it was actually 1998 ) that was reduced to a misdemeanor ( attempted poss.) so they are denying my cpl in mi. a shall issue state nowhere in the application or the msp sight or in the state law on cpl does it say if you were charged with a felony but reduced to a misdemeanor I cant have a cpl ......... please help

    only thing I seen is a controlled substance you must wait 3 years


  2. #2
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    I think your best course would be to contact a lawyer.
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  3. #3
    Distinguished Member Array Nmuskier's Avatar
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    What appeal instructions did you receive? If you can't find the procedure, visit the State Police website, or contact your CPL course instructor or attorney, or ask your local MSP or sheriff.

  4. #4
    New Member Array murjam's Avatar
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    nmuskier ... they gave me no appeal instruction nor does it look like an official letter . also no signature anywhere

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    VIP Member Array Jaeger's Avatar
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    Atorney. Being charged with a felony means absolutely ZERO. If it meant one fraction more than zero, justice would be no more, and the mere accusation of wrongdoing would be all the government needed to do whatever they wanted with us. Not that we're all that far off now, but you can still fight them, and this is a cheap one that a letter from an attorney will most likely solve if the facts are on your side.
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    VIP Member Array ccw9mm's Avatar
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    Murjam:

    Uncertain what the specific charge was, but on the Michigan CHL application there are very specific criteria regarding prior convictions or pending issues related to felonies and certain misdemeanors: Concealed Pistol License Guide. Felonies and a fairly long list of misdemeanors are identified. Note that it specifies convictions, not charges (other than the requirement that there be no pending felony charges outstanding).

    Presuming that none of those listed items was your particular conviction, and if the reason stated on the denial form was in fact denial for one of those reasons, then you might be correct in concluding the denial was wrongful.

    I'd suggest going through the CHL application requirements again. And, if you still believe it's wrongful then check with a competent attorney in this area.
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  7. #7
    Ex Member Array stylus's Avatar
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    Quote Originally Posted by murjam View Post
    today after waiting 50 days for my cpl I received instead a letter stating that I had a felony charge in 1988 ( it was actually 1998 ) that was reduced to a misdemeanor ( attempted poss.) so they are denying my cpl in mi. a shall issue state nowhere in the application or the msp sight or in the state law on cpl does it say if you were charged with a felony but reduced to a misdemeanor I cant have a cpl ......... please help

    only thing I seen is a controlled substance you must wait 3 years
    I'm going to have to jump on the "get a lawyer" train on this one. There's nothing we can do for you.
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  8. #8
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    Yep. Get a lawyer.
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    All the sympathy in the world isn't going to change the fact that you were denied. You need to get a lawyer and go through the appeal process.
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  10. #10
    Member Array mnmbrewing's Avatar
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    Step one: Get a Lawyer
    Step two: Have Lawyer confirm your record reads as you think it does.
    Step three: Pay Lawyer lots of money to represent you through the appeal process

    Taken from the CPL applicaiton listed on handgunlaw.us:

    VIII. Appeals
    1.
    If the concealed weapon licensing board denies issuance of a license to carry a concealed pistol, or fails to issue that license as provided for in Michigan law, the applicant may appeal the denial or the failure to issue the license to the Circuit Court in the judicial circuit in which he or she resides. The appeal of the denial or failure to issue a license shall be determined by a review of the record for error. There may be a hearing if the decision of the concealed weapon license board was based on the grounds that issuing a license to the applicant is detrimental to the safety of the applicant or to any other individual. Witnesses in the hearing shall be sworn. A jury shall not be provided.
    2.
    If the Circuit Court determines that the denial or failure to issue a license was clearly erroneous, the court shall order the concealed weapon licensing board to issue a license as required by Michigan law.
    3.
    If the court determines that the decision of the concealed weapon licensing board to deny issuance of a license to an applicant was arbitrary and capricious, the court shall order the state to pay 1/3 and the county in which the concealed weapon licensing board is located to pay 2/3 of the actual costs and actual attorney fees of the applicant in appealing the denial.
    4.
    If the court determines that an applicant’s appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the concealed weapon licensing board in responding to the appeal.

  11. #11
    Distinguished Member Array Nmuskier's Avatar
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    In addition to the above post:

    VII. Denials
    1. If the concealed weapon licensing board denies issuance of a license, the board must inform the applicant within 5 business days, in writing, the reasons for the denial, along with a statement of the specific facts and copies of documentary evidence upon which the denial is based. The applicant must also be informed of his or her right to appeal the denial to the Circuit Court in the judicial circuit in which he or she resides.

    Your CPL instructor should have given you this resource.
    Again, from the MISP website:
    http://www.michigan.gov/documents/ri-012_7736_7.pdf

  12. #12
    Ex Member Array Gearhead's Avatar
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    Quote Originally Posted by mnmbrewing View Post
    Step one: Get a Lawyer
    Step two: Have Lawyer confirm your record reads as you think it does.
    Step three: Pay Lawyer lots of money to represent you through the appeal process
    Step four: Take a shower after being around the lawyer
    Stoveman and msgt/ret like this.

  13. #13
    Ex Member Array DetChris's Avatar
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    Lawyer up. It's the only way out of this. And good luck.

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