Suing the Sheriff

[richarddharrison]

I was denied a CWP by SLED. I need to sue the Sheriff. What is the process, Do I go to the county courthouse, file through the Administrative Law Court or District Court?

 

[NavyLCDR]

Since you didn't tell us what state you were in, you were pretty lucky I knew what SLED meant.

Code of Laws - Title 23 - Chapter 31 - Firearms

SECTION 23-31-215. Issuance of permits.

(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 Court pursuant to Article 5, Chapter 23, Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.

 

[bofh]

I was denied a CWP by SLED. I need to sue the Sheriff. What is the process, Do I go to the county courthouse, file through the Administrative Law Court or District Court?

How is this thread related to your prior thread on exactly the same issue last October, i.e, 7 months ago? In post #17 of that thread, you mentioned that your are moving to NYS.

If you actually have a legal problem and failed to solve this by now, then you need a 2A-friendly lawyer. Never attempt to represent yourself in court, unless you are a lawyer and know what you are doing. If an appeal to the Chief of SLED does not reverse a denial of a permit, then the SC Administrative Law Court would be the next step (within 30 days of receiving the decision of the appeal).

 

[richarddharrison]

Is the SC Administrative Law Court my only avenue? It means I will have to pay a $100 filing fee and travel all the way to Columbia, SC. Could I sue him locally in District court?

 

[Waffles]

Is the SC Administrative Law Court my only avenue? It means I will have to pay a $100 filing fee and travel all the way to Columbia, SC. Could I sue him locally in District court?

NO! ! ! Just do as the man said. That is the ONLY way to solve the problem. One step at a time. 1. Appeal, and see what comes out. 2. If you don't like the outcome, get a Lawyer to do the rest of the stuff. 3. Yes, you may have to drive ALL THE WAY to Columbia. BTW, why sue the Sheriff??? He ain't even in the picture.

 

[bofh]

Is the SC Administrative Law Court my only avenue? It means I will have to pay a $100 filing fee and travel all the way to Columbia, SC. Could I sue him locally in District court?

Assuming that the denial of your permit was upheld after an appeal, the SC Administrative Law Court is your only avenue. Get a lawyer. He may even help straighten out your paperwork to the point that you can actually get your permit.

As for pursuing any other options, you certainly can do that and make a fool out of yourself. This will cost you more money and can even land you in jail. Good luck with that. For starters, a District Court is part of the federal court system and the civil case filing fee for the SC District Court is $400. The state's Circuit Court filing fee is $150. Both courts would refuse to hear your case as you are not following the proper legal path through the courts. You would lose the filing fee at best.

PS: I am not a lawyer. This is by no means legal advice. Seeking such legal advice in an Internet forum is outright foolish. Are you asking random people on the street for legal advice as well? The only proper response to your question is: Get a lawyer.

 

[richarddharrison]

The Sheriff is the picture. His arbitrary recommendation to SLED is the deciding factor.

 

[richarddharrison]

Thanks bofh, advice well taken. (not legal, just educated advice, I understand)