Permit denied, next steps..

[plblark]

You can also defend your house if someone is committing a felony in it....


and it can be a felony to have someone cheat on income tax....

So have the in-laws over and watch em cheat on their taxes....

By the letter of the law...

However, I would expect an arrest, and indictment, and a long - ass trial trying to win that one though...
b

Then there's that whole Reasonable Force thing ...

[plblark]

I have no dog in this hunt, but defending Lawyers? Really.

Nope, Defending a good, principled guy that's always played it straight and given good advice and good results to his clients. Just so happens he works in the Lawyer business

[Hammer99...]

I spoke with Stillwater PD, they were very polite and stated that the permit was denied, and that I should look into hiring a lawyer. I sent an email to Marc Berris. What other steps should I take? Does anyone have any experience with this?

Thanks everyone.

Something you might want to consider is skipping the legal mess on permit to purchase and trying to get your carry permit. As stated earlier in this thread you can recoup your legal fees if you win your P2C appeal.

[gyrfalcon]

Something you might want to consider is skipping the legal mess on permit to purchase and trying to get your carry permit. As stated earlier in this thread you can recoup your legal fees if you win your P2C appeal.

I was going to suggest that, but the issue you run into is that if you can't legally buy a pistol you're probably not legally able to use a firearm to qualify in the P2C class. Whoever lets you use their firearm could also get in trouble.

[Paul]

Gotta say im not impressed with marc barris. Had my permit denied for sothing when i was 12. I emailed my instructor who told me to contact him. I did and never heard back from him. But being savy w/ legal system and working in a law office for years i was able to settle it myself and got my permit a week after the denial.

Be very careful here.
Marc is well respected here for very good reasons and many here call him friend.

He has been the friend of Gun owners for many years and has proven himself to a great many here.


Just a friendly warning that trash talk might not be well received.

Where was the trash talking? He simply stated he was not impressed for what in his mind, was a legit reason. I must have missed where he called Marc a douche bag, or something along those lines.

[plblark]

True, The P2C route has fees paid by the sheriff if you get a denial overturned. If you lose, you still have Atty fees + Class + $100 ...

Hard to say which way to go but the BEST advice I can give is call an atty ASAP, put a lid on your public disclosures, and listen to your attorney. There are a few good attys out there. For my family, Marc Berris is our Choice.

[farmerj]

Something you might want to consider is skipping the legal mess on permit to purchase and trying to get your carry permit. As stated earlier in this thread you can recoup your legal fees if you win your P2C appeal.

I was going to suggest that, but the issue you run into is that if you can't legally buy a pistol you're probably not legally able to use a firearm to qualify in the P2C class. Whoever lets you use their firearm could also get in trouble.

Go purchase a long gun. Rifle or a shotgun. If you can purchase one of those, you are legal to possess ANY firearm.

you have to remember, this is a permit to PURCHASE handgun or assault weapon. Not a permit to OWN firearm.

If you can purchase a longgun, rifle or shotgun, you can possess ANY firearm. handguns included.

So if he can possess a rifle, why wouldn't he be able to possess a handgun for a permit to carry class?

[plblark]

That would solve your NICS check issue.

[gyrfalcon]

...Go purchase a long gun. Rifle or a shotgun. If you can purchase one of those, you are legal to possess ANY firearm....you have to remember, this is a permit to PURCHASE handgun or assault weapon. Not a permit to OWN firearm....So if he can possess a rifle, why wouldn't he be able to possess a handgun for a permit to carry class?

No need to lecture, I fully understand it's a permit to PURCHASE. If you're denied a permit to purchase the NICS check will almost certainly be denied/delayed. Even if the NICS check goes through that doesn't mean you're legally able to own a firearm. Since this persons permit to purchase was denied the State obviously has an issue with him buying a firearm and has most likely reported it to the Feds. He has to get the state issues worked out before he can own a firearm legally either way.

[Hammer99...]

Something you might want to consider is skipping the legal mess on permit to purchase and trying to get your carry permit. As stated earlier in this thread you can recoup your legal fees if you win your P2C appeal.

I was going to suggest that, but the issue you run into is that if you can't legally buy a pistol you're probably not legally able to use a firearm to qualify in the P2C class. Whoever lets you use their firearm could also get in trouble.

https://www.revisor.mn.gov/statutes/?id=624.7132

Don't these exemptions apply?

Subd. 12.Exclusions. Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol

[gyrfalcon]

Don't these exemptions apply?

In this case I don't think they would, but they might...you have laws like this to be aware of:

609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS FIREARMS; RESTORATION OF CIVIL RIGHTS. (a) Under section 242.31, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored, unless the exception under United States Code, title 18, section 925, or section 609.165, subdivision 1d, applies. (b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored.

https://www.revisor.mn.gov/statutes/?id=609.165
https://www.revisor.mn.gov/statutes/?id=242.31

[RobD]

Don't these exemptions apply?

commissioner of natural resources approval aside...
Federal trumps state. If you're not allowed to own a firearm by federal law, state can not allow you to.

[Hammer99...]

Don't these exemptions apply?

In this case I don't think they would, but they might...you have laws like this to be aware of:

609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS FIREARMS; RESTORATION OF CIVIL RIGHTS. (a) Under section 242.31, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored, unless the exception under United States Code, title 18, section 925, or section 609.165, subdivision 1d, applies. (b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored.

https://www.revisor.mn.gov/statutes/?id=609.165
https://www.revisor.mn.gov/statutes/?id=242.31

For arguments sake (and I love to argue) he wasn't convicted of a crime of violence. He is just your average run of the mill felon who had his (I'm going to murder this in legal terms) right to own a gun ordered away. He has had that right restored by time or court order (My guess). So If my half truths and assumptions are correct there should be no legal issue with an instructor loaning him a gun for a P2C class. Because the instructor has no obligation to check for a P2P or report the loan. The student is legally allowed to posses the handgun.

[Hammer99...]

Don't these exemptions apply?

commissioner of natural resources approval aside...
Federal trumps state. If you're not allowed to own a firearm by federal law, state can not allow you to.

6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

Why can't he legally posses a firearm? I think his right to posses was restored.

[RobD]

6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

Why can't he legally posses a firearm? I think his right to posses was restored.

We don't know why he was denied... He MAY NOT have his rights (according to what he said, he SHOULD) we don't know the details.