Letter of Appeal of Revocation


Jake

New member
I am looking for ideas for the wording in my appeal letter for re-reinstatement of my ccw privileges.

Brief History:

I am in an unfortunate spot; REVOCATION.

In the spring of 09’, at a music event, I was in the wrong place at the wrong time. (I knew I should have stayed home that night but the tickets were free and they were VIP.) I was not carrying at the time for obvious reasons.

I was arrested for disturbing the peace and assault. This was a horrifying experience.

A letter of revocation appeared in my mailbox 2 weeks later. I completely understood the precaution.

As of Jan. 2010 all charges are dismissed.

I am now ready to write a letter of appeal. The Sheriff would like the letter content to be what and why.

Although I'm optimistic, I 'm a little stuck and I have writers block. I may be thinking into this too much.

I would like to make it straight forward to the point and professional.

Here is what I have So far:

“Please accept this letter as official notice of appeal for my Logan County Sheriff's Office concealed weapons permit numbered 1234, which was revoked on June 1st 2009. The decision of revocation was based on my arrest for Assault and Disturbing the Peace at the Logan County Amphitheater. I am happy to report as of January 2010, the charges mentioned above have been dismissed.”

OK, that is the what, now I need the why I think I deserve it. This is where I need help.

How should I state the next paragraph?

Should I start it out with something like this?

[B]“At this time, I ask for your pardon and permission of re-reinstatement of my ccw permit numbered 1234”[/B]

Now what?

Should I mention my character standing? Why I feel I am a good candidate?

Like I said, I'm stuck on what to say and how. I need some inspiration.

I'm thinking I’m on the right track and I just need to spice it up with a good conclusion. I need the finesse. I need a kick ass professional paragraph.


I will be putting this on corporate style paper in a business format and notarized.

Any help would be greatly appreciated.

Jake.
 

kingofthedemo

New member
Maybe you should give some reasons that you feel that you need to be armed. Do you have a job that puts you at a higher risk for attack? Do you have to travel into bad areas of town? Do you fear for your safety in general? Does your city have high crime rates? If you could answer yes to any one of these questions than you should elaborate in your appeal concerning your ''needs'' for concealed carry.
 

Springer M-14

New member
Maybe you should give some reasons that you feel that you need to be armed. Do you have a job that puts you at a higher risk for attack? Do you have to travel into bad areas of town? Do you fear for your safety in general? Does your city have high crime rates? If you could answer yes to any one of these questions than you should elaborate in your appeal concerning your ''needs'' for concealed carry.


I would not go into any reason as to why you feel the need to be armed unless you live in a may issue state. I would keep it short and simple. The more you talk the more rope you can hang yourself with. Another thing that I would look into is checking with your states grassroots organization, or a firearms attorney in your state.

I wish you the best of luck.
 

Jim_Macklin

New member
You need a lawywer to write the letter for you [and to be able to represent you in front of an appeal board/judge].

Sounds like you are in a "may issue" state and most of what you want to say will be used against you.

Case dismissed just means they could not find a witness or the cop who made the arrest was on traffic duty, not that you are not a hot headed rabble rousing music freak [what they can say].

Call a lawyer and find one who has represented cases for CCW licenses denials.
 

Jake

New member
I live in Colorado. I was told it is discretionary. I'll check further.

I agree, I don't want to ramble on and I prefer not to ask for permission. I'm looking for the words to complete my letter in a firm yet suave tact.

Thanks for the advice.

I'll look into my local resources.
 

JJFlash

New member
"Inasmuch as I have been cleared of all charges, I request reinstatement of my CCW permit as I meet all the criteria for concealed carry, according to statute....

Thank you for your time and consideration of this matter. Please feel free to contact me should you have any questions or need any additional information.

Cordially,

(name)"

-----------------

Short and sweet gets it done. I'd try this and if no results, get a lawyer.

My .02 cents
 

Jim_Macklin

New member
I live in Colorado. I was told it is discretionary. I'll check further.

I agree, I don't want to ramble on and I prefer not to ask for permission. I'm looking for the words to complete my letter in a firm yet suave tact.

Thanks for the advice.

I'll look into my local resources.
Link Removed
18-12-207. Judicial review - permit denial - permit suspension - permit revocation.










(1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.








(2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure.








(3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section Link Removed (1) or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section Link Removed (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.










Source: L. 2003: Entire part added, p. 644, § 1, effective May 17

Link Removed
(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section Link Removed.










Source: L. 2003: Entire part added, p. 638, § 1, effective May 17. L. 2004: (1)(g) amended, p. 1198, § 52, effective August 4. L. 2008: (1)(e)(II) amended, p. 426, § 27, effective August 5.











ANNOTATION









Plaintiff whose felony conviction in another state was set aside under that state's law and who was entitled to possess a handgun under that state's law was entitled to possess a handgun under § Link Removed and was entitled to a concealed handgun permit under this section. Seguna v. Maketa, 181 P.3d 399 (Colo. App. 2008).


 

MONTANA

New member
The letter is important, but it is also really important to use this time to remember that I can "be in the wrong place at the wrong tme" and still make the right decision. I would get an attorney to write the letter and ask him or her about whether or not they think you should co-sign the letter. But I go back to my original point in that more important than the letter is for you to think about what happened and what alternatives (if any) you may have had which would have kept you out of this mess.
 
I am confused.
You stated your permit was revoked, and the charges were dropped. You were never convicted.
According to:
(3) (a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.

If you were convicted the Sheriff will revoke your permit in accordance with section one, felony conviction.

If you were just arrested, the Sheriff should of suspended your permit per:

(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.

The Sheriff would of sent you his reasons under:

(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

If what you say is true, write the Sheriff a letter asking for your permit to be re-instated. State you are not a danger, and you have not been convicted of a felonly. If the Sheriff does not see it that way, then find an attorney. The lawyer can file under the following and collect fee's for his services.

(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.
18-12-207. Judicial review - permit denial - permit suspension - permit revocation.

(1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.

(2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure.

(3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.

Best of luck to you.
 

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