Denied a Concealed Carry Permit Over an Incident as a Juvenile
My question involves civil rights in the State of: Minnesota
I filed for a MN carry permit and was denied. I have never been charged with crime nor been under any know investigations in my entire life. The denial letters said there was an accusation when I was 13 of pointing a BB gun at somebody as the bases for denial along with a parking ticket, speeding ticket and expired license plate tabs. Subsequently I have appealed this for judicial review. MN statute 624.714 sub12 says "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." It was initially scheduled for 50 days past when I filed and they have now rescheduled it out for 70+ days past when I filed. I wish I could afford an attorney but it is simply not possible. I have 7 children and am the sole provider for my family. The best I can find requires a $2000 retainer and I simply don't have it. It took quite a while just to save the money for the class and permit application. The statute does not reference business days or holidays so I am assuming it means calendar days. So far it has cost me over $600 for this permit not including a firearm ($100 for the class, $100 to apply, $80 to have the sheriff served, and then $325 to file for reconsideration). It has been almost 4 months since I originally applied for this I have no criminal record and just don't understand what else I can do to get a permit.
Questions:
Is not holding a hearing with in the prescribed 60 days a due process violation? If so what can I do about it?
Will my case be dismissed if it is not held within the 60 day time frame?
Re: Denied Mn Carry Permit and Reconsideration Hearing Past 60 Days
Who rescheduled the hearing and why did they reschedule it?
Re: Denied Mn Carry Permit and Reconsideration Hearing Past 60 Days
The court administrator just sent me a letter stating it was rescheduled and gave no reason at all.
Re: Denied Mn Carry Permit and Reconsideration Hearing Past 60 Days
Since $600 is a lot of money to you, I suspect you are at the whim of the courts. Anything you do to argue the matter is likely to require the services of an attorney. I would suggest inquiring as to why the rescheduling and politely remind them the statute clearly states that in no case shall the hearing be scheduled more than 60 days from the filing for the appeal.
I have found nothing that would allow the delay to mandate an action by the sheriff to issue a permit if the hearing is not held within the stated 60 days. The schedule is beyond the control of the sheriff so it would not be reasonable to expect such a requirement.