Arrests Without Conviction Cause Denial of CCW Application in MN?

[Michael Zeleny]

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.

 

[BigRobT]

You might find some good answers at http://www.twincitiescarry.com/forum/index.php. There's a wealth of MN knowledge there. You're probably going to get told to acquire a lawyer. Ramsey county has the highest denial rates in the state, most get overturned on appeal.

 

[Coronach]

My immediate thoughts...

1. Expungement? Though, those are usually for convictions...

2. With what states does MN have reciprocity? If Florida is on the list, you should be golden, without having to do much of anything.

Mike

 

[Michael Zeleny]

I 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. To date, I haven't even received the pistol purchase permit that is clearly my due.

I have posted my plight on TwinCitiesCarry.com. They confirm Ramsey County rejection stats. 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.

 

[sctman800]

Florida does not work in Minnesota, however Utah is gold. Jim.