Has anyone contested a CCW denial

[Northwestsooner]

Has anyone contested a CCW denial?

After 129 days with no response on my CCW from the OSBI I contacted them and they said I would get a letter in the mail in a couple weeks of denial.

I am a law abiding citisen with no criminal record, the most I have had is 1 speeding ticket when I was 16 years old. This is what has happened and I would like someone that might have an answer tell me if I can contest their decision

2 Years ago I allowed my wifes mother to move in with us due to her failing health. She had a leg amputated,has diabetes, Heart problems and is completely bed ridden. The problem is she has a felony conviction (Computer fraud). Before submitting for my CCW I asked the OSBI and they just refered me to the laws on CCW and said to read them. I contacted the Sherrifs office and some Oklahoma Highway patrol officers I know and they told me to submit that I shouldn't have any problems that the OSBI would investigate and take this into concideration. I called the OSBI today and they said I was denied the CCW because a fellon resided in my house and this law was black and white. When submitting my CCW I sent paperwork with her health records and a letter stating what we were doing. I did not lie on my application. I don't think the OSBI did any investigating and just looked at the aplication and seen the check mark that a fellon was residing in my home and denied my aplication. With her current health I don't think she will be with us in anouther year. Can anyone give me some advice. Is this law black and white? or can I take this to a court and have this overturned?

Thank you

 

[ssgrock3]

that sucks especailly for the long wait. Yes I believe you can contest it, the letter might be more clear on the reason and procedure. I was denied back when it first came out with the ccw, had to spend some bucks on a 10 year old misdemeanor expungement, but money well spent. Now can legally defend myself and family in most times of life and place.

 

[Glock 'em down]

Good luck bitchin' to the OSBI.

 

[Burk Cornelius]

Convicted felons and guns is a topic that is often discussed around here and is close to me personally. However, the bottom line is that you cannot legally have a gun in the house where a convicted felon resides. I don't think you are going to get that reversed.

We don't necessarily agree with it but that is probably the way it is.

BC

 

[bettingpython]

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2007_2_.pdf

TITLE 21 § 1290.11. Other preclusions...
9. An adjudicated delinquent or convicted felon residing in the
residence of the applicant which may be a violation of Section
1283 of this title. The preclusive period shall be thirty (30) days
from the date the person no longer resides in the same residence as
the applicant; or...

TITLE 21 § 1283. Convicted felons and delinquents...

A. Except as provided in subsection B of this section, it shall be unlawful
for any person convicted of any felony in any court of this state or of
another state or of the United States to have in his or her possession or
under his or her immediate control, or in any vehicle which the person
is operating, or in which the person is riding as a passenger, or at the
residence where the convicted person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, machine gun, sawed-off
shotgun or rifle, or any other dangerous or deadly firearm.
...

All of this is in the statutes in the SDA manual which you are responsible for reading and understanding. In my class 13 years ago we actually went through the manual section by section.

The failure to understand and be in compliance with the law is your fault. The situation sucks but instead of asking questions from people who can only offer their opinion maybe you should have conformed to the higher standard of responsibility and understood you are currently precluded.

FYI if you have guns in the house your mother inlaw is subject to arrest and prosecution.

You either have to get the guns out of the house, get her out of the house or get her a pardon...while the guns are not in the house.

Anyone want to guess why I went without a permit or guns for several years?

My ex was convicted of felony drug charges.

Not to put to fine a point on this you should have understood this from the beginning.

 

[Northwestsooner]

When we agreed to bring my wifes mother into the house we contacted the probation and parol officers in our county and they came to the house and investigated. I do have some guns in the house but they are in a safe room that is always locked and all guns have trigger locks, and all amunition is in a seperate safe. And with her being bed ridden and in such bad health the probation officers Oked her to stay in our house.

 

[348]

Unfortunately for you SDA doesn't care what parole officers think. Felon = Felon regardless of health. It's just the letter of the law. Is you mother-in-law still living with you? If so, you are stuck.

 

[Northwestsooner]

Yes she is still staying with us. I will get the Perol boards report and contest the CCW denial. It might all be in veign but I will give it a try. I am a responsable person and I do believe I am acountable for my actions. If the OSBI still denies my permit so be it. I will not put my Mother in law out in the cold. And when she does pass on she will know that she did have family that did care about her. And when our live is over there is realy only one person that we really have to answer to for our actions.

 

[BadgeBunny]

If her felony was a non-violent offense (based on what you have said it was) and she has not been in trouble since an expungement of her record is the only way I know of for you to be able to reapply and get your permit.

I worked for an attorney who did a LOT of expungements for clients. Most of them were looking to get their record cleaned off because of youthful offenses (read stupid stuff) for employment purposes. Some however, were wanting to carry legally. For the few that had had applications denied, we never reapplied until the expungement was completed, so I am guessing that means my attorney thought it would be a waste of time asking for a hearing without correcting the problem first.

Cost several years ago for a straight forward, uncontested expungement was $500 plus filing costs.

Money that might be well spent in your case. Good luck.

 

[SMS]

I don't think the OSBI did any investigating and just looked at the aplication and seen the check mark that a fellon was residing in my home and denied my aplication.

I can sympathize with your situation, but do you really expect the OSBI to waste time 'investigating' your situation? You self-eliminated by checking the felon residing block on the application.

When any agency is swamped with paperwork and applications of whatever type, the easiest way to clear the backlog and whittle down the stack is to get rid of the ones that don't meet the criteria.

This is what the appeal process is for, it's not OSBI's fault that they didn't approve you the first time around. Good luck with the appeal.