Denied CCW in MN, I need legal advice.

[Moviewatchindude85]

Spam

Jibber jabber jibber jabber. Waste of time.

 

[Henry Carmona]

I guess you need yourself a new lawyer. Was your plea for a first degree misdemeanor? And I have to disagree, being idiotic is not what 18 year olds do. I never did anything like that.

 

[walterwhiting]

You could hire a good attorney, go after the old one, and petition the court to have your name and record cleared, or you can wait until obama is "overwhelmingly reelected" after which we will all lose the Second Amendment and and our rights and not even be able have a picture of a gun. It's up to you.

 

[Etkini]

Plea was to a gross misdemeanor. You've never done anything idiotic when you were young, unlikely. Never drank alcohol underage, never had unprotected sex, never broke the speed limit (which would be more dangerous than a marshmallow), never forgot to check you blindspot while driving, never got drunk over the legal limit, never have driven when you were tired, well I hope you don't get hurt when you fall of your high horse.

I can't say I've ever created a marshmallow launcher and shot up cars when I was 18. I had other obligations, such as working a full-time job, high school and working full-time on the farm. Not only that, in my small town the police would have just handed me over to my grandfather, and I can tell you I'd rather go through a legal battle or jail time than be punished by the man that raised me. Your points are a tad moronic, but I'll give you the benefit of the doubt here.

Anyway, your best best is to get a different lawyer and have him petition the court. Did you not read the terms of your stay of adjudication? Possibly there was something there you missed? I'm assuming this didn't happen too long ago, what was the term set for?

 

[walterwhiting]

Ya I think this is going to end up draining my pocketbook to get this taken care of. I'm just wondering if it is even possible. I don't want to waste time and money if I have no chance.
Do you think Obama will let us carry a picture of our guns? Id make a cardboard cutout and holster it. Then maybe when the criminals that have guns and carry them illegally try to harm me I'll pull out my cutout and hold it a little sideways to fool em, lol.

Thanks man.

Having a picture of a gun will make you a felon. Having a holster will make you a felon. In fact, since there won't be a First Amendment either, saying the word "gun" or any derivative of the word will be grounds for prosecution. Afterall, we wouldn't want to offend anyone.

 

[Popeye2347]

Hummm....Don't quite know how to proceed. Let's see. BA in criminal justice and you have a legal/criminal problem....have you asked any of the professors how to proceed as this is a criminal problem? Or, maybe lacking satisfaction there, change your major to a law degree, pass the bar exam and become a lawyer yourself and proceed from there. I know, lots more schooling, but just kicking out options. Here's one. Talk to some law students and maybe get an 'in' with a professor. No,,,that's not fair nor ethical. Seems to me you need to find a new lawyer [not attorney-you do know the difference don't you?], go with the 'self help' method, or suffer. Being as you are only 28 years old, you can still preach first hand, to the young adults about 'actions have consequences.'
Sorry but that is the best I can think of at this hour.

Almost forgot. You have reread the conviction papers and the legal law/statues that apply haven't you. Could be an 'out' just waiting to be found.
Luck...

 

[Flanmedic51]

My first advice is not to look for legal advice on an internet forum. Secondly, you should've left the marshmallows for roasting....shooting anything at anyone at anytime in your life results in consequences such as this.

 

[~OtisM~]

You could hire a good attorney, go after the old one, and petition the court to have your name and record cleared, or you can wait until obama is "overwhelmingly reelected" after which we will all lose the Second Amendment and and our rights and not even be able have a picture of a gun. It's up to you.

Man, this posts just keep more dumb and sensationalized. No one is going to take your guns.

 

[WingRider]

I think the first thing I might consider is talking face to face with the sheriff. Dress nicely. Discuss the situation. You could even ask if the court made a change to your record, would he then grant you a CCW? If he says 'No', because now you're a bad guy, then you have a different problem maybe. Every states different. Maybe take your lawyer to the sheriff meeting. We shot rubber bands. I'm thankful a stupid person didn't 'fear for their life' to wreck mine. Good luck!

 

[GB-Boater]

BS, has a smell of troll.

 

[Bob_M]

It's getting ridiculous with these charges. What's next? Felony farting in an elevator? Anal terrorist charge. :wacko: Hahahaha

 

[Bob_M]

Much appreciated. I'm looking for any angle I may be able to work. It's really hit or miss in MN. The sheriff in my county is very anti CCP but the sheriff in a neighboring county hands them out like snickers bars on Halloween. I know the court hasn't made any changes to my record. My argument is that my actual crime was not a violent act and the sheriff should not have reason to believe I will be violent in the future. I know from working in the field that he just hates CCPs.

Thanks.

There's the REAL problem right there........He hates CCPs. Good luck.

 

[Stan45]

Appreciated. I'm not as concerned with the worthless college degree portion of my life. I have no desire to become a lawyer, they don't make half the money I do right now. I have an awesome job drilling for oil right now and have money coming out my eyeballs.

Then you should not have any problem paying a good lawyer to get your record cleaned up. Stop whinning and jut do it.

 

[longslide10]

Any actual advice is welcomed.
Thanks again everybody.

And to anyone who doesn't know what a marshmallow gun is go online look up the plans and make one for your kid or grandkid. It will give them hours and hours of fun for just a couple dollars worth of pvc pipe and mini-mallows. Just don't let them shoot any innocent cars or people.

Way back in the last century when I was a wee lad (14 or 15) I made potato guns out of aluminum cans with friends and we accidentally sent a potato mortar through a neighbors LR window. We stood there dumbfounded it actually worked. It was a nice lesson in physics but unfortunately the neighbor was home and she came out yelling something about being small and born out of wedlock and fatherless. She never did call the cops but did call each one of our parents and demanded payment for a new window for which we had to work off. There went my allowance and then some for a month.

Get a good lawyer and have that record expunged. Probably cost around 500.00. You may be able to do it yourself if you know how and save a few bucks or maybe a lawyer will do it pro bono. Then reapply for your permit.

Have you tried to appeal it with the FBI first? I hear they are a swell group of very sympathetic ladies and gentlemen who totally understand the minds of mischievous young people.

 

[longslide10]

You could hire a good attorney, go after the old one, and petition the court to have your name and record cleared, or you can wait until obama is "overwhelmingly reelected" after which we will all lose the Second Amendment and and our rights and not even be able have a picture of a gun. It's up to you.

I don't know about you but I intend to keep ALL my rights and use them as needed. I don't give a rats azz who is in office or what enslaving BS law goes in their book. Govt has gone rogue and are severely corrupt and I will never bow to them. Govt has actually declared war on American citizens and the constitution, most of us just haven't realized it yet.

 

[longslide10]

Much appreciated. I'm looking for any angle I may be able to work. It's really hit or miss in MN. The sheriff in my county is very anti CCP but the sheriff in a neighboring county hands them out like snickers bars on Halloween. I know the court hasn't made any changes to my record. My argument is that my actual crime was not a violent act and the sheriff should not have reason to believe I will be violent in the future. I know from working in the field that he just hates CCPs.

Thanks.

Just remember a sheriff is an elected official and must follow the law. He can not use personal feelings as a basis towards the law.

 

[longslide10]

It's getting ridiculous with these charges. What's next? Felony farting in an elevator? Anal terrorist charge. :wacko: Hahahaha

Don't give the opposition ammo. Methane (CH4) when mixed with sulphur dioxide (SO2) makes a lethal nerve gas (Ch4So2). In large quantities can cause death and in smaller quantities irritates the eyes, lungs and mucous membranes. It could be proposed then that govt bureaucrats may write a law making the release of even small amounts of Ch4So2 in an elevator an act of bioterrorism. They will then outlaw all legumes, cheeses, nuts, beer, grains and fruits.

 

[Hoganbeg]

Ten years ago when I was 18 years old my girlfriend and I were driving around shooting marshmallows at cars with a blowgun. A victim of the marshmallow attack called the police and said that he was afraid for his life. I was subsequently arrested and charged with felony assault. I plead down to a gross misdemeanor terroristic threats charge and received a stay of adjudication. I was recently denied my CCW permit because of this charge. I realize this act was completely idiotic although harmless but being idiotic is what 18 year olds do.

What are my options and possible abilities to remove this charge/record and have the ability to obtain my CCW permit?


Any suggestions or ideas will help.
Thanks everybody.

You've already had some good advice from others here. I will reiterate "Get a Lawyer to advise you on the specifics of your case", and I'll add one more thing that has not yet been said. Don't Ever Plead Guilty when you don't mean it. These things can come back to haunt you later. I'd be willing to bet that a jury would have failed to convict on the original charge. If you must negotiate, never take the first offer.

Secondly, the act was not harmless as in fact, you, yourself were harmed by it; a lesson in unintended consequences.

One last note: the words terror, terrorist, terroristic, et al, carry a more serious connotation in today's world. I would never want them applied to me in any way. Juries tend to be ill-informed and easily swayed by prosecuting attorneys and definitions are easily changed by those in power as are punitive restrictions.

Good luck.

 

[cgiven1]

Ten years ago when I was 18 years old my girlfriend and I were driving around shooting marshmallows at cars with a blowgun. A victim of the marshmallow attack called the police and said that he was afraid for his life. I was subsequently arrested and charged with felony assault. I plead down to a gross misdemeanor terroristic threats charge and received a stay of adjudication. I was recently denied my CCW permit because of this charge. I realize this act was completely idiotic although harmless but being idiotic is what 18 year olds do.

What are my options and possible abilities to remove this charge/record and have the ability to obtain my CCW permit?


Any suggestions or ideas will help.
Thanks everybody.

Show this to your lawyer.

2011 Minnesota Statutes

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm has been restored under subdivision 4;

Since it has been more than three years, you aren't automatically ineligible. I know the Sherrifs in Minnesota issue the permits, I just don't know what discretionary powers they have.

 

[Hoganbeg]

Show this to your lawyer.

2011 Minnesota Statutes

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm has been restored under subdivision 4;

Since it has been more than three years, you aren't automatically ineligible. I know the Sherrifs in Minnesota issue the permits, I just don't know what discretionary powers they have.

This looks like the best info we've seen here so far, however, please note the date in bold and VERIFY that this is still the law.