Need help

[John Stone]

I have a other than honorable discharge from the arm services and I got denied for my concealed carry permit in Minnesota can anybody point me in the right direction on what I need to do to get my concealed carry permit

 

[kwc]

What reason did your Sheriff give for denying your permit?

The statute prohibits issuing to applicants with dishonorable discharges, consistent with federal law regarding firearm ownership.

But as far as I can tell, MN statutes don't prohibit issuing to those discharged under "other than honorable conditions."

It's possible that either (1) your Sheriff doesn't understand the distinction between "dishonorable" and "other than honorable," or (2) you have another disqualifying factor.

IMHO, you should ask for clarification and hire an attorney if necessary.

 

[RedWriter2015]

Caution and Disclaimer: I am not a lawyer, military lawyer or a member of any law enforcement organization. I don't live in Minnesota, nor do I have a Minnesota concealed carry permit.

Per Minnesota statute, if the county sheriff denied your permit application, the sheriff had to do so in writing and per statute [see below].

Only an Other Than Honorable discharge -- as opposed to a Dishonorable Discharge -- from the military shoul not be "disqualifying" or grounds for denial per Minnesota's criteria. And assuming that your OTH discharge was the *only* reason for denial ...

You can always ask/appeal to your County Sheriff, Minnesota Department of Public Safety or BUreau of Criminal Aprehension, hire an attorney to do so, or apply to the military Discharge Review Board to have your discharge characterization changed/upgraded.

Just my two cents. Good luck.

.....

Must not have been discharged from the armed forces of the United States under dishonorable conditions.
https://dps.mn.gov/divisions/bca/bc...ents/Permit-to-Carry-a-Pistol-Application.pdf


"(c). To deny the application, the sheriff must provide the applicant with written notification and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual basis. The sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. Upon receiving any additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12."
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Link Removed (Form link for discharge upgrade)

 

[John Stone]

The sheriff doesn't know the difference between the two I contacted a lawyer it's going to cost me a little bit of money but I'm still going to get my concealed carry permit thanks for the help

 

[Yaki]

The sheriff doesn't know the difference between the two I contacted a lawyer it's going to cost me a little bit of money but I'm still going to get my concealed carry permit thanks for the help

Good luck.
This is one among many reasons why I don't like giving an individual the ability to making a judgement on whether a citizen can carry a firearm.

Sent from my SM-G920P using Tapatalk

 

[RedWriter2015]

The sheriff doesn't know the difference between the two I contacted a lawyer it's going to cost me a little bit of money but I'm still going to get my concealed carry permit thanks for the help

"§Subd. 12.Hearing upon denial or revocation. (a) Any person aggrieved by denial or revocation of a permit to carry may appeal by petition to the district court having jurisdiction over the county or municipality where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief before the completion of the hearing. The record of the hearing must be sealed. The matter must be heard de novo without a jury.
(b) The court must issue written findings of fact and conclusions of law regarding the issues submitted by the parties. The court must issue its writ of mandamus directing that the permit be issued and order other appropriate relief unless the sheriff establishes by clear and convincing evidence:
(1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph (b); or
(2) that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit. Incidents of alleged criminal misconduct that are not investigated and documented may not be considered.
(c) If an applicant is denied a permit on the grounds that the applicant is listed in the criminal gang investigative data system under section 299C.091, the person may challenge the denial, after disclosure under court supervision of the reason for that listing, based on grounds that the person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system according to the criteria outlined in section 299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably withdrawn from the activities and associations that led to inclusion in the data system.
(d) If the court grants a petition brought under paragraph (a), the court must award the applicant or permit holder reasonable costs and expenses including attorney fees."
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See 12d. If you/your attorney appeal the sheriff's decision, it may be at low or no cost if you prevail.