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  1. #1
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    Default Re: Permit to Purchase Handgun Denied

    Have you checked the Sheriff Department's actual policies, so you can see if they've been followed? (You didn't identify the county, so we can't do that.) Any chance of moving to another county where the rules are less stringent?

  2. #2

    Default Re: Permit to Purchase Handgun Denied

    Quote Quoting Mr. Knowitall
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    Have you checked the Sheriff Department's actual policies, so you can see if they've been followed? (You didn't identify the county, so we can't do that.) Any chance of moving to another county where the rules are less stringent?
    I've called back for the officer that wrote the letter (as it instructs at the bottom that I can call them with questions). They are yet to return my voicemail however.

    (I thought handgun laws were at a state level though? Each county has their own rules?)

    Unless we plan to sell the house, no. Moving is a kind of nonsensical, for something that I don't see any kind of legal precedent for.
    (That I can find.)


    It's Ramsey county, if you must.

  3. #3

    Default Re: Permit to Purchase Handgun Denied

    At risk of responding too many times to my own thread, I found the following:

    In federal law:
    Title 18 of the U. S. Code, § 925A, reads as follows:
    "Any person denied a firearm pursuant to subsection (s) or (t) of section 922--"

    "(2) who was not prohibited from receipt of a firearm pursuant to subsection (g) or (n) of section 922, may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs."

    Where (g) is the standard listing of felonies that deny firearm ownership and where (n) is the state listing of issues that can deny firearm ownership.

    For (n), I believe something like this would apply.
    http://www.house.leg.state.mn.us/hrd/pubs/firearms.pdf

    None of the listed reasons for my denial are listed. However, I couldn't find any explicit mention of availability to legally pursue a denial.
    (Meaning I would have to pursue the case federally?)

    I found "State law preempts all authority of local governments to
    regulate firearms" in the MN firearms law.



    I also have still yet to be able to contact the officer who denied my permit. They are not returning my very polite voicemails (and no, I am not threatening anything, I simply state that I have some questions regarding the denial).

    **While obviously a forum is not legal advice

    Does this sound like grounds for a suite?
    Would an attorney possibly take this on a contingent fee basis?

    Basically, is this worth actually pursuing, or are my odds to abysmally low to be worthwhile?

    (As you may have guessed, as a regular citizen, I can't afford to pay for lengthy litigation.)


    Again, thank you in advance for any help.

  4. #4
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    Default Re: Permit to Purchase Handgun Denied

    To sue over a violation of the law, you must first establish a violation of the law.

    I'm not going to guess about your county.

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