Thread: CCW Denial
04-13-2009, 07:30 PM #1
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In 1991, I was convicted to Misdemeanor Resiating and Obstructing a Police Officer (MCL 750.479a) and p[laced on probation. Unfortunately the statute has been amemded four times since it's enactment and currently reflects as a felony. However, at the time of my conviction it was a misdemeanor.
I Recently applied for a CCW in Macomb County, MI. The Gun Board denied my application citing that "You have been previously convicted of Resisting and Obstructing a Police Officer", a felony as defined under the law.
I contacted the Records Division of the Michigan State Police and requested my criminal record citing the CCW denial from the Macomb County Gun Board.
The MSP Department supervisior informrd me that my criminal record reflects
a 1991 R/O misdemeanor conviction. The supervisor furthered by addressing a letter directly to the prosecutor informing him that I have never been convicted of a felony in the State of Michigan and faxed it to tha gun board.
I contacted the gun board and spoke directly to the prosecutor that denied my application. He informed that the 1991 misdemeanor is a felony because it was punishable by two two years in prision. In addition he further cited that under the "Federal Requirements" MCL 28.426 I am exempt from posessing or transporting a firearm. MCL 28.426 paragraph 1 states, "Not have been convicted in any court of, or undrer indictment for a crime punishable by imprisonment for a term exceeding one year (ie, felony,or any misdemeanor punidhable by more than two years." By the way, Over the past three years ,
I have legally purchased two hand guns and also posess a PI license.
My question is: Am I legally entitled to the CCW and should I file an apeal in Circuit Court or can you refer me to an attorneyfor the necessary representation.
my email address is email@example.com
06-20-2009, 04:01 PM #2
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Have you thought about getting your previous conviction expunged from your record? That might be easier than fighting for your privilege to carry a concealed weapon. You might argue that since your offense was not serious enough to be considered a felony at the time of the offense that the current status of felony should not be applied in your case.
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