Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: seanbarton on November 29, 2016, 11:21:22 PM
-
Hello,
I am looking for a recomendation for a psyciatrist to evaluate me prior to going to a CCDW Denial Appeal hearing. Does anyone know a psyciatrist that is pro 2a? I'm not looking for any favors just an honest evaluation of my mental state. My application was recomended to be denied by the DA and I anticipate the court will concur.
Thanks,
Sean
-
I just shot you a PM.
-
did they give you a reason for the denial
-
Thanks for the feedback and assistance. The letter I recieved was from the DA not the court. The DA is recomending denial based on past mental health history.
Thanks,
Sean
-
I think you need to get a good second amendment lawyer. A good lawyer should also have contacts with a good honest psychiatric evaluator. This will not be cheap but I think this is your best chance. The fact that you have had a license for 8 years without issue should go a long way.
-
Been there / done the lawyer routine last year when my renewal was denied. I ended up spending over $10,000 and got screwed over. I've re-applied and am ready to go talk to the judge. I want to be evaluated so I'll have that in my favor.
Thanks,
Sean
-
Are you in N.C.C.?
-
Been there / done the lawyer routine last year when my renewal was denied. I ended up spending over $10,000 and got screwed over. I've re-applied and am ready to go talk to the judge. I want to be evaluated so I'll have that in my favor.
Thanks,
Sean
did you have something show up on your personal record during the time when you had your liecense for them to have a reason to deny you?
-
Nope, nothing. I had a speeding ticket in PA in 2011. That's
-
Yes, I'm in N.C.C.
-
Yep, got the courts denial letter today. Sending request for court date tomorrow. Does anyone know out can anyone recomend a mental health doctor in Delaware that will evaluate me? While I don't think I need it, I think it might help my case.
Thanks,
Sean
-
Nope, nothing. I had a speeding ticket in PA in 2011. That's
Is it possible that someone with your name (or similar name) has been mixed up with you? Can you find out just what the details of your denial are? That may help you in your appeal.
-
It's related to my mental health history. I was treated for depression in a hospital in 2000. I checked myself in. It's rediculous. I was seeing a doctor and it was a medication side affect. I was never adjudicated mentally ill BUT am willing to be evaluated if that will make any difference to the court. I had a permit for 8 years. My renewal was denied last year. I got a lawyer, spent a smal fortune fighting it and ended up being denied a trial. I've re-applied and would like to speak to the judge. I've been a model citizen and have a need for the permit now more than ever. I own rentals, collect rent and would rather not open carry.
-
Good luck. So, you were approved for the initial application and one renewal with the same history. Your 16 year history of an uneventful and responsible life should help you.
-
Apparently the DA is investigating all renewals and new applicants in this aspect of history, regardless of past approvals
-
Court on January 10th
-
Good Luck
-
Second that. Good luck.
-
Are you representing yourself? Last year was your lawyer a specialist in 2A cases or some clown who said they'd take your money? I'd highly suggest talking to one of the very few lawyers whose name comes up here now and then.
-
I had a good lawyer. The problem was he worked for the judges law firm. The judge took himself off the case but not before denying my renewal. I spent a fortune and literaly got no where - primarily because the "new" judge wasn't familiar at all with CCDW. She didnt want to disagree with the first judge. She actually commented at one point to my lawyer that she didnt understand why I needed a weapons permit because I work with computers. In the end I got shafted.
I'll try representing myself. If it doesnt work I'll save some money for a lawyer, re-re-apply and be represented.
-
Just got a letter today that the hearing was rescheduled for Feb. 7th.
-
Wow, I just recieved a call from the court. My hearing for tomorrow has been cancelled and I will receive a notice a notice for the rescheduled date.
-
good Lord, someone has it out for you. hope you have better luck
-
Wow, I just recieved a call from the court. My hearing for tomorrow has been cancelled and I will receive a notice a notice for the rescheduled date.
Keep your chin up. It's not at all unusual for these kinds of "ancillary" matters to get kicked. Given the day of the week (Wednesday), I'm assuming that the Resident Judge had a case on the criminal trial calendar yesterday that went forward for a standard two or three day trial. When that happens, all of the "routine" non-trial matters get rescheduled.
-
I checked the daily court calendars. It shows Cooch @ 930 overseeing CCDW hearings. I can't help but rhink this is a tactic as it's exactly what hapened during the renewal process around scheduled hearings.
-
I do recommend an evaluation by a dr. that can basically say what you already mentioned. "I was treated for depression in a hospital in 2000. I checked myself in. It's rediculous. I was seeing a doctor and it was a medication side affect." That in effect will be your lawyer! You can mention you had a permit from ? to ? with no incidence at all. No need for a "2nd Amendment lawyer." You are not going in there to argue law. If we were a "shall issue" state then yes, because your denial would be based on the law and to be honest NOT the 2nd amendment anyway. "May issue" is a more subjective term for you in this case and requires a different defense. You have to impress the judge that you possess good moral character, and the Dr helps to establish that. Consider having letters from people you know that are somewhat respected like Police, Employer, Judge...
BTW sometimes even in a "may issue" state the defense can be a matter of law, I just do not see it in your particular situation.
-
New court date March 21st @930
-
crossing fingers
-
Friday the lawyer that I used when my renewal was denied emailed me. Apparently the DAG called him to ask if he was going to be representing me. He also advised that the case was not goong to be heard my Judge Cooch but instead has been transferred to the judge Roccanelli who oversaw my renewal denial.
-
Best of luck to you. Judge Rocanelli can be tough, but she is fair. As long as you hammer home that you voluntarily sought out help and that the symptoms that you were experiencing were medication side effects and have not been a problem for some time, it should go fine.
-
Good luck. Keep us posted if you can.
-
I appreciate the encouragement. I'm concerned with the judges understanding of the statute and it's purpose. At one point during the renewal case she made the statement that she didn't see the need for me to have a CCDW as I have a career in information technology.
-
the need is self protection and your right as an american citizen
-
I dont see the need for the Capitol Police in the lobby, it's just a court room
-
You could also gently point out what Delaware's Constitution states....
"§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use."
-
You could also gently point out what Delaware's Constitution states....
"§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use."
I would hope the judge would read and act in accord with the constitution that she swore to uphold.
Many judges just put their personal likes and dislikes into their decisions.
As it has been said:: [Don't tell me what the law is, tell me who the judge is]
-
It's strange that the case was transferred to a different judge AND the DAG contacted my old lawyer to ask if he was representing me. I can't help but wonder if that isn't why my hearing was cancelled so last minute earlier this month. Judge Cooche typically presides over all CCDW cases unless there is a conflict of interest (like my renewal hearing where my lawyer worked for his law firm).
-
Just got a letter from Superior Court. Hearing moved up to March 20th (from March 21st). They can't make up their minds....lol.
-Sean
-
Wow! Good luck I hope all goes well. Imho this is an example of exactly the reason we need to be careful of the powers granted to the state on such issues . There's an article in the News journal today about poss introduction of a lethal violence protection order ( lvpo ) in Delaware . It would give police the ability to take all your firearms if someone calls in saying they think your a danger to yourself or someone else to keep you "safe"! Sounds to me like it can open a world of beauracratitc bs for about anyone . Imagine an ex that is looking to show your unstable? Just 1 call could put you in a bad place for no reason . Now I must say if you have issues you should be evaluated and treated in accordance to the problem. The problem is we can't let just anyone make a call and your automatically mentally unstable!
-
Re-re-re-rescheduled for April 26th...
-
Keep your head up. At this point beginning to think they was to mess with you until you give up.
-
Thanks, it's frustrating. I can't even get a hearing it would seem.
-
Good luck on this. I know you have been fighting this a long time
-
I'm expecting to get a call today around 2pm informing me that my hearing tomorrow has been bumped again. There are probably odds in Vegas for the probability of this happening...lol. The good thing here is that I've started open carrying in between time and haven't had any issues with swatting or being asked to leave a business. Thanks all for your support and well wishes. I'll update the forum when I have a update.
Thanks,
Sean
-
Good luck brother.
-
I appreciate the encouragement. I'm concerned with the judges understanding of the statute and it's purpose. At one point during the renewal case she made the statement that she didn't see the need for me to have a CCDW as I have a career in information technology.
A career has nothing to do with it! Bad things can happen to anyone with or without a career.
It's best to have the option to protect yourself and your family no matter what you do for work.
I guess if look at it through the judge's eyes if I was a landscaper walking around with a wad of cash I shouldn't be allowed to defend myself, why because I cut grass.
I think people need to listen to themselves before they talk.
Well, that is discrimination if you ask me.
I too am in the Technology field and let me tell you something who do you think everyone comes to first for almost everything, yup the IT guys get the first call!
My answer is hang up and call 911 :)
I can't carry at work but would if I could. I have actually had other co-workers tell me they would be more comfortable knowing if I was able to carry.
They would feel safer.
Go figure !
Ok rant over !
Good luck at the court date when it happens.
-
And...postponed....again. Huge surprise....lol
-
New court date: May 24th
-
A speedy trial has nothing to do with a hearing I guess but this is unreal. I hope you get due process and a hearing soon. Good luck.
-
Thanks! I hope it happens.
-
Court hearing is tomorrow unless it gets cancelled again. I'll keep ya'll posted. I'm guessing the call will come between 2pm and 4pm.
-
Good luck. Hopefully you'll finally get your day in court.
-
Court hearing is tomorrow unless it gets cancelled again. I'll keep ya'll posted. I'm guessing the call will come between 2pm and 4pm.
Whether you like him/her or not if it gets postponed again, I would contact your State reps.
-
No call - so hopefully it's on!
-
Good luck brother.
-
I can re-apply in a year provided a doctor "clears" me.
-
Good, not great, news. I was hoping you prevailed today. I wish you the best and am sure a doctor clears you. I admit it is a little upsetting to me, but it wasn't a no. I feel for you.
-
Thanks all for your encouragement and suport through this. I hope when I re-apply in a year it all goes smooth.
Thanks,
Sean
-
Meanwhile you are still perfectly legal to purchase and Open Carry a firearm in Delaware. Crazy judicial system. Perhaps they need a mental evaluation.
-
What's with the one year thing? Why not just after a doctor clears you? A month or two at most to get a doctor and provide a mental health exam and get results.
Do you have to retake a course, post in the newspaper and all that again as well?
-
Yep, next April I can re-apply and provide proof that I'm not crazy. I'll have to re-take the class and run the ad and get references. Doesn't make sense to me but what can I do? I think I will still get denied but I can only do what they ask. It's crazy.
-
That's a partial bummer, but at least you can take another run at it in April, 2018. I would recommend having the mental health evaluation accompanied by a notarized affidavit from the doctor who signs off on it (if s/he is amenable to doing this) and also including a current copy of the doctor's CV. Not a guarantee to get you your concealed permit any easier, but it can't hurt to have the extra measure of preparation.
-
Sorry the outcome wasn't better, it's a crock that you had to go through all of this. Hang in there! Hoping for a better outcome in April.
-
i work in prison and some things are harder than others to get off your record