CPL Appeals Attorney in Troy, Michigan
The Second Amendment to the U.S. Constitution provides citizens with the right to keep and bear arms, but legal precedent since the adoption of the Constitution has allowed the states to set some limits on these rights. Specifically, states generally establish laws and regulations regarding what is known as “concealed carry,” which means to have a firearm on your person, or in proximity to your person, out of sight to others.
In Michigan, concealed carry is prohibited unless the individual qualifies for and obtains a Concealed Pistol License (CPL). Generally speaking, to obtain a CPL, you must be a Michigan resident or on active duty stationed in Michigan. In addition, you must complete a state-approved firearms training course with at least eight hours of instruction, including three hours of range time.
To obtain a CPL, you must apply to the county clerk where you reside. Once you’ve submitted your application, paid the associated fees, and had your fingerprints taken, your application is subject to review by both the state police and the FBI. If you lie on the application, you may be subject to a felony violation.
The county clerk has 45 days after the completion of your application and fingerprinting to inform you of your approval or denial. If you have been denied, the reason must be stated, and you then have the right to appeal the decision to the circuit court in the judicial circuit of your residency.
If you have been denied a CPL in or around Troy, Michigan, or anywhere in Oakland and Macomb counties, contact Law Offices of Barton Morris. I can help you mount an appeal by countering the reasons stated in your denial letter with additional justification or explanation. If you try to win an appeal without the guidance and advice of an experienced attorney, you may find the path forward difficult. I’m here to guide you at every step of the legal process.
Common Grounds for Denial of a CPL
One of the more commonly cited reasons for a CPL denial is that the background check conducted after the application was submitted turned out to contain contradictory or unrevealed evidence of a disqualifying incident, condition, or legal violation. If the applicant has a protective order against them or has been involved in domestic violence allegations—or other incidents of violence—the reason cited might be that the applicant would pose a danger to themselves or to others.
The Appeals Process
There is a form that is to be used for filing an appeal, which must be submitted within 21 days of receiving the letter of denial. Copies of the form need to be submitted to the court and to the county clerk, as well as to other interested parties involved in the appeals process. It’s vital to work with a skilled attorney to help you through the process.
The form is worded succinctly:” I appeal the statement of statutory disqualification as provided by the county clerk under MCL 28.245b(11) because….” The form then states, “Specify the reasons on a separate sheet. Attach supporting documentation.”
A hearing sometimes may be scheduled if the stated reason is that issuing the CPL would pose a threat to the applicant or others. If there is a hearing, witnesses can be called, but there will be no jury.
Defense of Your Denial & Possible Results
Your best defense is to enlist the help of an attorney. An experienced lawyer can help you prove the reason provided in the letter of denial is false. Sometimes, extenuating circumstances may help. If you have been disqualified because of a previous criminal conviction, you may have the option of applying for expungement of your criminal record and then reapplying for a CPL after expungement is granted.
If the reason for the denial is found to be “completely erroneous,” appeals instructions state that a CPL shall be granted immediately. If the decision is found to be “arbitrary and capricious,” the government will be required to pay for attorney’s costs. If the appeal is “frivolous,” the applicant may be responsible for all costs and fees.
CPL Appeals Attorney
Serving Troy, Michigan
Michigan is a “shall issue” state, meaning that anyone who qualifies should be able to obtain a Concealed Pistol License. However, sometimes rejections can occur. If you’ve received a letter of denial, contact me at the Law Offices of Barton Morris. I can review the rationale provided and help you mount an appeal to obtain your license. Reach out immediately if you’re in or around Troy, Michigan. Let’s work together to resolve everything standing in your way of obtaining a CPL.