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The Range
Law & Order
Open carry at work on private property
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<blockquote data-quote="tRidiot" data-source="post: 2782928" data-attributes="member: 9374"><p>I am thinking you might want to consult a lawyer on that matter. From my personal viewpoint, if your case was dismissed and expunged, from the legal system's perspective, it should be as if it never happened. Although I would likely want to disclose it on my application so as not to be accused of attempting to hide anything, I don't think it should be permissible for a government agency to deny your rights based on it. A true legal challenge would be interesting to see if OSBI has the legal standing to deny you a permit - and if so, why? I mean... being CHARGED with a crime should not cause a loss of your rights, only a conviction. This, to me, reeks strongly of the same kind of assumption of guilt and subsequent forfeiture as the legal system confiscating cash and property from people charged with a drug crime that is then dismissed or they are exonerated of, and then refusing to return their property or cash.</p><p></p><p>Not right, IMO. Of course, I don't know the specifics of your case, and IANAL of course, but from a casual glance, I don't see how this should be a legitimate reason for withholding a permit in a shall-issue state.</p></blockquote><p></p>
[QUOTE="tRidiot, post: 2782928, member: 9374"] I am thinking you might want to consult a lawyer on that matter. From my personal viewpoint, if your case was dismissed and expunged, from the legal system's perspective, it should be as if it never happened. Although I would likely want to disclose it on my application so as not to be accused of attempting to hide anything, I don't think it should be permissible for a government agency to deny your rights based on it. A true legal challenge would be interesting to see if OSBI has the legal standing to deny you a permit - and if so, why? I mean... being CHARGED with a crime should not cause a loss of your rights, only a conviction. This, to me, reeks strongly of the same kind of assumption of guilt and subsequent forfeiture as the legal system confiscating cash and property from people charged with a drug crime that is then dismissed or they are exonerated of, and then refusing to return their property or cash. Not right, IMO. Of course, I don't know the specifics of your case, and IANAL of course, but from a casual glance, I don't see how this should be a legitimate reason for withholding a permit in a shall-issue state. [/QUOTE]
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