CWP Denial Problem

[richarddharrison]

Three years ago I sued a North Carolina sheriff because he denied a handgun purchase permit. There was a disposition needed which I found proving the felony charge was dismissed before I was formally charged and a judge found "withhold adjudication" and not guilty in Miami. I sued the NC sheriff and it got to the NC AG and he overturned it and the sheriff there had to give me the gun permit. It took three years but I now have the certified disposition proving it was dismissed 45 years ago which is what the local South Carolina sheriff requested. But with the certified disposition in his hand, he is still denying a CWP permit saying it needs to be expunged, which will take more money and time. I feel like my 2nd amendment right to self defense is being denied illegally. Please help with sound advice. Semper Fi

 

[NavyLCDR]

It took three years but I now have the certified disposition proving it was dismissed 45 years ago which is what the local South Carolina sheriff requested. But with the certified disposition in his hand, he is still denying a CWP permit saying it needs to be expunged, which will take more money and time. I feel like my 2nd amendment right to self defense is being denied illegally. Please help with sound advice. Semper Fi

If we are talking about South Carolina, the sheriff doesn't issue or deny the permit - SLED (South Carolina Law Enforcement Division) issues or denies the permit. If SLED denies your permit, they must provide you with a written reason why it was denied. Contact SLED at (803) 896-7015. You should have mailed your application directly to SLED and they will ask the sheriff for his recommendation, but the sheriff does not make the final decision.

 

[Merf]

I was also denied due to an outstanding warrant from 10 years ago in Connecticut, thus I failed the NCIS check.. As soon s I found out , I went to Connecticut to turn myself in (disturbing the peace and resisting arrest)I just received the Letter from Florida firearms purchasing this past friday that i cleared their side (NCIS clean now). Now I have to wait for the agriculture dept to review everything again.. what a pain

 

[GryHounnd]

Are you sure you're cool headed enough to responsibly carry?

 

[NavyLCDR]

Are you sure you're cool headed enough to responsibly carry?

Are you sure you're cool headed enough to responsibly post on the internet? It doesn't appear so.

 

[Merf]

Are you sure you're cool headed enough to responsibly carry?

it was 10 years ago when I was 30 years old.. the whole dance club was fighting.. Simply it was either fight or get smashed.. It was pure self defense.. Charges were dropped.. I was never in trouble before or after..

 

[richarddharrison]

If we are talking about South Carolina, the sheriff doesn't issue or deny the permit - SLED (South Carolina Law Enforcement Division) issues or denies the permit. If SLED denies your permit, they must provide you with a written reason why it was denied. Contact SLED at (803) 896-7015. You should have mailed your application directly to SLED and they will ask the sheriff for his recommendation, but the sheriff does not make the final decision.

We are talking about S.C. Sled seems to do what the Sheriff decides. I appealed to Sled and they still denied it stating it has to be recommended by the Sheriff. Recommendation. Final decision. Same thing. Seems like SLED's reason is because the sheriff recommends no. Am I missing something here? Anyway, I'm going to go talk with the sheriff tomorrow. If he still denies it, I might have to sue him. As I said, the Chief told me he was going to give me the permit, then changed his mind after talking to the sheriff, and now says I have to have it expunged. If the sheriff won't believe the certified disposition, why would the people who expunge it believe it?? And I don't believe having it expunged, causing more money and time, is a legitimate prerequisite for a CWP. Anybody know about this?

 

[Merf]

have you contacted local pro 2nd amendment organizations? Sure a local gun shop/range can point you to the local NRA rep or something.. you never know what kind of info you might be able to get

 

[NavyLCDR]

We are talking about S.C. Sled seems to do what the Sheriff decides. I appealed to Sled and they still denied it stating it has to be recommended by the Sheriff. Recommendation. Final decision. Same thing. Seems like SLED's reason is because the sheriff recommends no. Am I missing something here? Anyway, I'm going to go talk with the sheriff tomorrow. If he still denies it, I might have to sue him. As I said, the Chief told me he was going to give me the permit, then changed his mind after talking to the sheriff, and now says I have to have it expunged. If the sheriff won't believe the certified disposition, why would the people who expunge it believe it?? And I don't believe having it expunged, causing more money and time, is a legitimate prerequisite for a CWP. Anybody know about this?

SC Statue 23-31-215 contains your next step:
South Carolina Legislature Online - Code of Laws Title 23 Chapter 31 Firearms

(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.

However, you only had 30 days from receiving the final decision to file the petition for judicial review.

Maybe get the whole matter expunged from your record so it never comes up again?

 

[richarddharrison]

Maybe I'll get Ted Nugent to represent me!

 

[Stengun]

Howdy,

Maybe I'll get Ted Nugent to represent me!

I've never understood the "Unlce Ted" thing.

For some unknown reason the Right has picked one on the MOST LIBERAL people in the world to be their poster boy just because he likes guns and likes to kill things.

Paul

 

[BC1]

Howdy,



I've never understood the "Unlce Ted" thing.

For some unknown reason the Right has picked one on the MOST LIBERAL people in the world to be their poster boy just because he likes guns and likes to kill things.

Paul

More uninformed dribble. Liberal? Here's some facts about your "liberal."
.
He's on the board of the NRA and a HUGE financial supporter of the republican party. He was raised in a military family by devout Catholic parents. A rabid patriot, he wrote "Ted, White and Blue" in 2008. Nugent singled out prominent Democratic Party politicians with violent or vulgar rhetoric or gestures. At a concert on August 21, 2007, Nugent made indecent and obscene comments about Democratic Party presidential aspirants Barack Obama and Hillary Clinton and California's senators Barbara Boxer and Dianne Feinstein. He complained, "Obama's a piece of crap, and I told him to suck on my machine gun." Referring to Michigan governor Jennifer Granholm (in office 2003-11), during performances he would frequently interject "Jennifer Granholm, kiss my ass" into his songs, and shoot an arrow at her likeness. In 2010 he wrote "Michigan was once a great state. Michigan was a state that rewarded the entrepreneur and the most productive, work-ethic families of the state. Now the pimps and the whores and the welfare brats are basically the state's babies. In July 2008, Nugent declared "I was serious when I threatened to run for office in the past if I cannot find a candidate who respects the U.S. Constitution and our sacred Bill of Rights." Nugent was initially scheduled to speak at Glenn Beck's "Restoring Honor" rally on August 28, 2010, but subsequently cancelled because of a scheduling conflict. On March 2, 2012, Nugent endorsed Mitt Romney for president. On April 17, 2012 in a Romney stump speech at the 2012 NRA Convention in St. Louis, Nugent said, "If Barack Obama becomes the president in November, again, I will either be dead or in jail by this time next year." He also compared the Obama administration to coyotes who needed to be shot. Those comments brought the feds to his door where he promptly threw them out.
.
Sten, Why the hell don't you just shut-up. For Christ sake come back when you know what you're talking about. You're repeatedly making a damn fool of yourself.

 

[BluesStringer]

Just for the record, I "Liked" the above post mainly for the last paragraph. If Nugent would finally wake up and tell the truth about the N R A, I would've liked it for what preceded the last paragraph too. LOL

 

[richarddharrison]

Talked with the sheriff today. He told me he has a "standard policy" that if I have something on record, that is on the FBI computer, In my case just an accusation that has been adjudicated not guilty, that I have to have it expunged in order to get the CWP permit. If anybody knows the procedure or how I can get it done for free, let me know please. He seemed to say they should have expunged it long ago (45 years).

 

[BC1]

Talked with the sheriff today. He told me he has a "standard policy" that if I have something on record, that is on the FBI computer, In my case just an accusation that has been adjudicated not guilty, that I have to have it expunged in order to get the CWP permit. If anybody knows the procedure or how I can get it done for free, let me know please. He seemed to say they should have expunged it long ago (45 years).

In NYS if you're arrested it pops on the background check. You must write a letter explaining the arrest, circumstances and the reason for the final disposition. But nothing need be expunged. When you are found not guilty or given an appropriate ACD you are returned to the status you enjoyed before the arrest. The sheriff may not prejudice persons found not guilty by any means.

 

[wdalew5]

Nugent rocks....


Sent from my iPhone using Tapatalk

 

[richarddharrison]

I'm moving to NYS! This sheriff's chief, Summerville SC, first congratulated me for being so tenacious after first filing for the disposition 3 years ago, then apologized it took so long and said he was going to grant the permit. Then he talked to his boss the sheriff and called me back and said he changed his mind, and that I would have to have it expunged. I think they're jerking this old Marine around, but he said it was his "standard policy". I said, I was wondering if you're decision making was arbitrary..he said it was. Don't know how it can be both, but now I'm seeking to have it expunged at more expense and time. Meantime if I need to carry a pistol, I will do what Ted Nugent does and let the 2nd Amendment be my permit! Go Yankees!

 

[Seeya]

Withhold adjudication is a not guitly in Florida per SCOTUS. I have the cite somewhere. Maybe someone has it. I may be on the Dept. of Agricuture site that issuses CWFL's.