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ssax
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Post subject: Ramsey County - DENIED Posted: Wed Mar 04, 2009 9:52 am |
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Journeyman Member |
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Joined: Fri Dec 26, 2008 4:14 pm Posts: 67
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Well, I was deemed "Danger to self or others". Where do I go from here? The part that scares me is the part where it says I am ineligible to posses a pistol, the local PD issued me the permit to purchase am I going to get in trouble? I was never convicted of possession of a controlled substance, just paraphernalia.
Here are the contents of the denial letter:
This letter is to inform you that your application for a permit to carry a handgun in the state of Minnesota has been denied pursuant to MN Statue 624.714, subdivision 6, paragraph (a). The denial was based upon the following criteria:
Sheriff's investigation, including but not necessarily limited to, and arrest on 11/11/2000 and subsequent conviction for possession of Drug Paraphernalia, a Battery conviction in 2001 has determined that there exists a substantial likelihood that the applicant is a danger to self or others if authorized to carry a pistol under a permit. Pursuant to Minnesota State Statute 624.714, Section 8, subdivision 1(d), a person who has been convicted in Minnesota, or elsewhere, of a Misdemeanor pr Gross Misdemeanor level offense of possession of a controlled substance (violation of Chapter 152.), is deemed ineligible to possess a pistol.
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princewally
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Post subject: Posted: Wed Mar 04, 2009 9:56 am |
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Longtime Regular |
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Joined: Wed Jan 24, 2007 11:02 am Posts: 1684 Location: St Louis Park
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A marijuana paraphernalia conviction does not disqualify you.
Call an attorney(Marc Berris comes to mind) and ask about appealing the denial. A good letter from an attorney can get the denial tossed, if it's unfounded.
_________________ Of the people, By the People, For the People. The government exists to serve us, not the reverse.
-------------------- Next MN carry permit class: TBD.
Permit to Carry MN --------------------
jason <at> metrodefense <dot> com
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joelr
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Post subject: Posted: Wed Mar 04, 2009 9:59 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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This is easy: call Marc. Don't talk to anybody else until Marc (who is the reigning expert in handling RamseyCo denials; I think he gets more of them than anybody else) or another attorney tells you to.
If Marc's not available, call Jeff Benson, David Gross, or Brian Toder.
Subject to the above: please keep us updated.
_________________ Just a guy.
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mnglocker
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Post subject: Posted: Wed Mar 04, 2009 10:00 am |
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Longtime Regular |
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Joined: Wed Jul 19, 2006 12:04 pm Posts: 1682 Location: Wright County
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Heh, ssax just shot me a PM on GT about this, I pretty much summed it up with the same answers.
Good Luck, now get on the horn!!!! 612-332-3100
_________________ Get Off My Lawn.
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plblark
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Post subject: Posted: Wed Mar 04, 2009 10:07 am |
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Longtime Regular |
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Joined: Thu Mar 16, 2006 10:41 am Posts: 4468
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This one looks like standard Ramsey county double speak
Quote: Sheriff's investigation, including but not necessarily limited to, and arrest on 11/11/2000 and subsequent conviction for possession of Drug Paraphernalia
a Battery conviction in 2001 has determined that there exists a substantial likelihood that the applicant is a danger to self or others if authorized to carry a pistol under a permit.
Pursuant to Minnesota State Statute 624.714, Section 8, subdivision 1(d), a person who has been convicted in Minnesota, or elsewhere, of a Misdemeanor [o]r Gross Misdemeanor level offense of possession of a controlled substance (violation of Chapter 152.), is deemed ineligible to possess a pistol.
One of these things is not like the other ...
_________________ Certified Carry Permit Instructor (MNTactics.com and ShootingSafely.com) Click here for current Carry Classes "There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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ssax
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Post subject: Posted: Wed Mar 04, 2009 10:17 am |
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Journeyman Member |
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Joined: Fri Dec 26, 2008 4:14 pm Posts: 67
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DeanC
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Post subject: Posted: Wed Mar 04, 2009 10:18 am |
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Longtime Regular |
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Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
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joelr wrote: If Marc's not available, call Jeff Benson, David Gross, or Brian Toder.
I think Brian is on the road today, but somebody from his office (or any of the others) should be able to set up an appointment for you.
I don't think any of those guys charges for your initial consultation or phone call.
_________________ I am defending myself... in favor of that!
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Jeff
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Post subject: Posted: Wed Mar 04, 2009 6:02 pm |
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Joined: Sun Aug 07, 2005 10:57 am Posts: 270 Location: Western Hennepin County
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My understanding is that there is a status conference in that RIAA trial at the end of March. Off topic I know, but the best place to follow the RIAA litigation is here: http://recordingindustryvspeople.blogspot.com/
_________________ All tyranny needs to gain a foothold is for people of good conscience to remain silent. - Thomas Jefferson
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bensdad
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Post subject: Posted: Wed Mar 04, 2009 8:00 pm |
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Joined: Sat May 17, 2008 9:55 pm Posts: 598 Location: Dundas, Minnesota
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"battery"?
... as in asault and?
_________________ I say I'm cleaning guns... My wife says I'm petting them.
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ssax
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Post subject: Posted: Wed Mar 04, 2009 8:15 pm |
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Journeyman Member |
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Joined: Fri Dec 26, 2008 4:14 pm Posts: 67
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Ok, another question. So Marc definitely seems to be the man when it comes to getting help with this.
Unfortunately, I don't have the money to spend to do this. I might be able to get the money together for it, but if I lost, I couldn't take that hit, I barely make it paycheck to paycheck.
Do all attorneys that deal with this issue generally cost the same? If so, are there any other options besides the appeal letter? The appeal letter I can afford, but from what it sounds like it won't help me in this situation.
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joelr
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Post subject: Posted: Wed Mar 04, 2009 8:21 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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ssax wrote: Ok, another question. So Marc definitely seems to be the man when it comes to getting help with this.
Unfortunately, I don't have the money to spend to do this. I might be able to get the money together for it, but if I lost, I couldn't take that hit, I barely make it paycheck to paycheck.
Do all attorneys that deal with this issue generally cost the same? If so, are there any other options besides the appeal letter? The appeal letter I can afford, but from what it sounds like it won't help me in this situation. Good news: attorneys prices vary. Bad news: of those folks with experience in successful appeals, Marc is on the high end of competence (a position he shares with some other folks), and low end of fees.
_________________ Just a guy.
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ssax
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Post subject: Posted: Wed Mar 04, 2009 8:27 pm |
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Journeyman Member |
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Joined: Fri Dec 26, 2008 4:14 pm Posts: 67
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joelr wrote: Good news: attorneys prices vary. Bad news: of those folks with experience in successful appeals, Marc is on the high end of competence (a position he shares with some other folks), and low end of fees.
I do agree that is not as much as I thought it would be. If it was a slam dunk, I could see it. But that is why attorneys get paid up front. In case you don't win...
I wonder what the chances of me winning are.
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Macx
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Post subject: Posted: Wed Mar 04, 2009 10:29 pm |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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Your chances improve when you go with a lawyer that is a winner not a whinner. It isn't bad at all to hire a lawyer who comes off as a bit of an a-hole.
I have had a gun related lawyer thing going on and found a very nice attorney, better than a year and no movement on the case. I researched and wrangled evidence and handed it to him and he seemed always a day late. The firm split and I went with one of the remaining lawyers, he is abrassive, bordering on rude, I'd say a genuine a-hole . .. and in these three months, it looks like we are finally going to get . .. . . resolution.
The right lawyer may cost more up front, but, chances are someone other than the lawyers mentioned above or my own Westrick & Mc Dowall-Nix . . will end up stringing things out and you'll end up paying the same but waiting longer. As Tom Petty said "The waiting is the hardest part". If I had to do over I'd have gone with one of those above. Since my case being moved to Westrick's load, I am happy with them though.
Westrick & Mc Dowall-Nix at (651) 292-9603
325 Cedar St # 450
Saint Paul, MN 55101
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
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Dick Unger
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Post subject: Posted: Wed Mar 04, 2009 11:34 pm |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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ssax wrote: joelr wrote: Good news: attorneys prices vary. Bad news: of those folks with experience in successful appeals, Marc is on the high end of competence (a position he shares with some other folks), and low end of fees. I do agree that is not as much as I thought it would be. If it was a slam dunk, I could see it. But that is why attorneys get paid up front. In case you don't win... I wonder what the chances of me winning are.
Your chances are zero if you don't appeal. Go for it.
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plblark
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Post subject: Posted: Wed Mar 04, 2009 11:50 pm |
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Longtime Regular |
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Joined: Thu Mar 16, 2006 10:41 am Posts: 4468
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It's awful easy for me to spend your money but something like ~60% of people denied in Ramsey County don't appeal and thus the RCSO is rewarded for their behavior by the people just going away.
Looking at last year's reports, of those who appeal, ~25% get it overturned. I have no idea how your specific case is going to come out and suspect Marc could give you much better advice in that regard.
Best of luck whatever you decide to do,
Paul
_________________ Certified Carry Permit Instructor (MNTactics.com and ShootingSafely.com) Click here for current Carry Classes "There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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