MI Gun Board ordered to pay costs for denial

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Barbara

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From Jim Simmons:

Washtenaw County lost another appeal after having denied a CPL to an eligible applicant, and this time, the Judge awarded attorney fees and costs! Pursuant to the statute, Washtenaw County pays 2/3 of all fees and costs, and the State of Michigan pays 1/3. The Judge said the gun board acted in an arbitrary and capricious manner in dealing with this applicant.

To my knowledge, that's the first time attorney fees have been awarded in a CPL appeal.

This is great news and puts the gun boards on notice that arbitrary denials can cost them. Thank you, Jim, for all your work on behalf of gun owners in Michigan!
 
Washtenaw County denied my Father-in-law about 2 years ago for no good
reason. Had to get a lawyer and got through all the junk to get his license.
The gun board isn't going to stop. It's not their money but the tax payers. It's
still a good start.
 
"the gun board acted in an arbitrary and capricious manner"

To me, that sounds like individuals acted outside the law, plain and simple. The should be criminally prosecuted for official misconduct or abuse of position/authority/office. And for darn sure it should be the individual board members paying the fees--NOT the taxpayers.
 
Well, when it comes to "performance of official duties", the taxpayers are gonna wind up getting soaked one way or another. But that could be a Good Thing... leverage to throw out this Board and elect, appoint, or hire people who won't flaunt the will of the people and who won't capriciously waste taxpayer money.
 
Someone (thanks, Someone!) asked me to explain what gun boards were.

In Michigan, each county has a gun board. It's usually composed of the Prosecutor, a member of the Sheriff's department and a civilian, usually an instructor.

They do the official Bequeathing of the Concealed Pistol License, among other things.

The problem is that even though we have Shall-Issue, and a good preemption law, some of the 83 counties still think they can do things their own way. This includes Kent County, which wants you to get a doctor to sign a piece of paper that says you're not insane, and Wayne County, which wants you to give them your money and move to Kent County.

How the license is issued is a little different in each county, too. Myself, I had to pick up the packet at the Sheriff's Dept. and fill it out and take it to the clerk, along with a passport photo and then go back to the Sheriff's and get printed and take those to the clerk. That was it. As soon as the prints came back from the State police, the board approved my permit at the next meeting, and I got a letter to pick up my permit at the Clerk's office. The gun board just rubber stamps the permits unless there is a legitimate reason to deny you.

In some counties, you must appear before the gun board and explain yourself, although in the end, without reason, they cannot deny you. In other counties, you don't even have to go pick up your permit, they send it to you.

I'm not sure what Jim's client did to be denied, but apparently, it was a bad call on the part of the gun board. Them being required to pay is a good thing as this has been ambiguous..
 
Just be glad you don't live in Wayne County.

Took me more than six month to get my CPL, even after calling the Sherrif's office to complain. The are the hold up in the processing, you can never get in touch with the CCW unit and their voice mail is always full.

Its pretty ridiculous.
 
6 months?? That's why I'm glad my state has to get it processed in 45 days or give you a temorary permit. I'm glad that guy didn't have to pay for his appeal.
 
No, it was six months and 8 days to be exact. A complete joke. It could be done in 30 days with the right people working the job. Everything is automated for crying out loud. Paper work just sits around the office collecting dust while I pay the CCW unit to sit around with their fingers in their noses.
 
No offense, Barbara, but I think you made a mistake on the composition of the gun boards. Last I knew, they were made up of representatives from:

1. Local prosecutor's office
2. Local Sheriff's dept
3. State Police

One of the changes in the law is that the prosecutor's office can "opt out" of participation on the gun board. That's were the local civilian members come in. Often, they are instructors, but that is not actually a requirement.

Gun board decisions are made by a simple 2/3 majority vote. That's why it was so hard to get concealed carry permits under the old system. The State Police reps were instructed to always vote "No," which meant that you had to have a pro-gun prosecutor and sheriff in order to have any sort of chance. Of course, political donations would often times help...
 
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