Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: 64Falconguy on March 09, 2016, 07:23:56 PM
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What is the appeal process regarding a denial? I received a denial letter in the mail today and unsure if I can appeal or should even bother?
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Did they give you a reason? There is an appeal process. You have 10 days to appeal.
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I dont even know how to begin the appeal process or if its reversible.
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I would think you need a lawyer.
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Im just going to call it done. Thank you for your replies.
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depression/anxiety
How did that get into the application process.
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I dont know. I opened the letter today and was in shock that I was denied over that. I have a spotless record and no issues. It really baffles me how that came into play.
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Apparently they are digging in deeper than I suspected they would if they look at medical records now.
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Could be worth chatting with a lawyer. I believe there are several that list they will assist in CCDW denials.
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I thought the only way they would have access to info like that would be if a judge forced you into such a program. Its a shame theyre punishing people who are just looking to help them self
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Like others here, I can't figure out how they got this information...
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Just wondering if you passed a background check for a pistol. I'm sure you did. It doesn't make sense they would even find medical records unless court ordered, and that would have stopped you from obtaining a pistol. I would at least talk to a lawyer, it's free generally. I feel for you 64.
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I have passed the NICS check 3 dozen times in the past 5 years. Ive never been court ordered to do anything. My record is clean. Ive never been in trouble with the law. Im dumbfounded how my medical records came up on a CCDW background check.
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Me too. Please talk to a lawyer. Talking is free and you will have a better idea of court cost if necessary. Information is valuable, you may not need to go to court and is why I recommend talking to one. You may be able to handle this one yourself. Look for a NRA or CCDW lawyer and call them, can't hurt. I has am horrified that a background check has this information and the right lawyer may be just as upset.
They'll sell you guns but stop you from carrying? I don't think so buddy, in the mean time apply for appeal. Don't let the 10 days elapse.
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Dale Broome returned my call this morning. The letter I received was from the DOJ. She hasn't sent my Superior Court denial letter out yet. That letter will advise me of the appeal process. Apparently with some of the new legislation, medical records are available for CCDW denials. This is something I'm going to try and appeal and fight for. I'll get my hearing and try my best. I've already been denied, they can only keep it as a No or maybe I'll get approved. Have to try.
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Were you referred from a hospital or did you go to this doctor on your own?
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You didnt happen to mention anything about it on your application?
Thats scary if its true
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1) Medical Records
Your doctor is legally required to keep information about your medical history confidential. This includes records pertaining to your physical AND mental health. Any prescriptions you take or evaluations you’ve had are between you and your doctor. Any treatment received or in-patient stays at psych wards or rehabs are considered medical records as well, and are also off limits to the public.
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1) Medical Records
Your doctor is legally required to keep information about your medical history confidential. This includes records pertaining to your physical AND mental health. Any prescriptions you take or evaluations you’ve had are between you and your doctor. Any treatment received or in-patient stays at psych wards or rehabs are considered medical records as well, and are also off limits to the public.
This prompted some digging. Appears that if you are admitted to a hospital, voluntarily or not, your records are not public but can be released. §1448A is the DE background check law.
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Subchapter V. Mental Health Patients' Bill of Rights
16 Del. C. § 5161 Rights of patients in mental health hospitals or residential centers
(13) The hospital or residential center shall maintain a clinical record for each patient admitted...
No information reported to the Department and no clinical records maintained with respect to patients shall be public records. Such information and records shall not be released to any person or agency outside of the Department except in conformity with existing law and as follows:
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g. To the State Bureau of Identification pursuant to § 8509 of Title 11 and to the Federal Bureau of Investigation, National Instant Criminal Background Check System pursuant to § 1448A of Title 11; and
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(14) The Delaware Psychiatric Center and any other hospital as defined in § 5001(9) of this title shall, pursuant to § 1448A of Title 11, cause to be submitted to the Federal Bureau of Investigation, National Instant Criminal Background Check System such information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms. Such information shall include only names and other nonclinical identifying information of persons so committed.
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The initial reason for seeing the Dr did in fact start with an ER visit. Seems as if thats where it is all stemming from.
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The initial reason for seeing the Dr did in fact start with an ER visit. Seems as if thats where it is all stemming from.
We encourage you to continue the appeal process. 2005 is more than 10 years ago.
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I agree with CB 100%. Continue the process.
Remember that it is the judge who actually issues the licence. Hopefully the fact that you might have had a rough patch 10 or more years ago and have had no further issues will be taken into account.
We on this board do support you and wish you the very best.
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Funny how it didn't stop your handgun application and purchases. I would proudly appeal. You did nothing wrong and, as a matter of fact, you did exactly the right thing then so do the right thing now. Appeal.
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Great people great advice we are here for support
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I appreciate the responses and the support. I know I have an uphill battle. But all I can do is try. Im getting conflicting opinions on whether or not to take a lawyer in with me or not on this initial appeal.
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Im getting conflicting opinions on whether or not to take a lawyer in with me or not on this initial appeal.
The only opinion that really matters... is your lawyer's opinion. Talk to a lawyer ASAP, before you say or do anything else.
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Wow this is rediculous now I'm wondering what they are going to pull for my renewal. Deny me for hypertension.
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My opinion is that you do not need a lawyer! I have seen about a dozen appeals for carrying a handgun that go in front of the judge. Out of those 12 I have seen two denials get over turned by the judge. In your case, you have some things going for you: The incident was more than 10 years ago, and you are not restricted from purchasing a firearm. It would be helpful when in front of the judge that you stress to him that the incident in question was non violent, but more importantly, if you produced a letter from a Dr. (preferably the one that treated you) that you are not a threat in any way, that will go a long way. Hope that helps.
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Is it possible that someone that saw you application ad contacted someone in the Attorney General's office or the Superior Court?
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Ive called several lawyers and they all felt that their services werent needed in this appeal case. I appreciate all the advice as it is helping me prepare for my day in court. Ive never been i any sort of trouble and I dont see why anyone would call the court on me. As far as NICS checks go, I passed one at Cabelas this morning without a hitch. Hopefully Ill be able to claim a victory in the court.
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Good for you. I'm sure, between you and the legal system, you will prevail. I would expect a judge to grant you a CCDW license and thank you for your honesty. You don't seem to me, from what I have read here, to have a propensity for violence towards yourself or others. That is what this comes down to.
Any advice from the Lawyers 64? If it's not too personal it would be helpful to this great website. You are not alone, all the best to you in your appeal.
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Just an update on this. After receiving the DOJ oppostion letter on 3/9/16, I needed to wait for the Superior Court letter. It finally came 4/22/16. I wrote a letter stating I wanted to appeal the decision. I mailed it back the same day. On 4/29/16, I received my letter stating my court date is this Tuesday 5/3/16. Im hoping I can be successful in this. I feel I am as ready as I can be.
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Good luck and Hope you prevail.
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Feels almost like its impossible, but, cant go down without a fight!!
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Feels almost like its impossible, but, cant go down without a fight!!
Hope they rule in your favor!
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Personally I wouldn't be posting a denial on the internet. Just a thought..
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Personally I wouldn't be posting a denial on the internet. Just a thought..
Why do you say that?
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Personally I wouldn't be posting a denial on the internet. Just a thought..
Personally I admire falconguy for putting it out there. He is helping others in the same situation.
I wish him success and thank him
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Good luck. Please update us when you can.
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Personally I wouldn't be posting a denial on the internet. Just a thought..
Why do you say that?
I just don't believe you should discuss legal matters such as this on the internet. Just my opinion.
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Good Luck!!
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Good Luck Tomorrow
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Thank you for all the wishes of good luck. Ill need it!! Ill let you know how it turns out.
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Well, my permit arrived today!!!! What a great feeling!!!!!
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GREAT NEWS!!!
Congrats and be safe.
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Sweet justice. Bet you feel great. Stay safe.
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It was quite the process!!! 115 days.
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Glad to hear everything went well. I would love to hear any info you have that may help others.
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Glad to hear everything worked out!! Congratulations!!
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Congrats! And more profs to you for sharing with us and fighting for your RTKBA.
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Well, my permit arrived today!!!! What a great feeling!!!!!
Yes, congrats!
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What an ordeal, glad you prevailed! That's one for the good guys.
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Wonderful news. Thanks for sharing your experience. Carry safe and pray you never need what you have fought to obtain.
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Well, my permit arrived today!!!! What a great feeling!!!!!
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I saw you in there at your appeal last week. You represented yourself very well. You got lucky because Judge Wallace is not one of the gun friendly judges! Congrats.
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Congrats and I'm glad it worked out for you.
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Thank you for all the kind words and support. Im extremely thankful that the decision went the way that it did.
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Its a priveledge to now have this permit.
Unfortunately, I must agree with you. In the state of Delaware it is a privilege not a right.
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Congrats!!
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Congratulations on the permit. I'm very glad you pursued the appeal. Enjoy the trip to Lancaster and enjoy the Pa LTC. It sure is nice to be able to carry in Philly when ya visit!
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Its a priveledge to now have this permit.
Unfortunately, I must agree with you. In the state of Delaware it is a privilege not a right.
and so it goes in DE with hope of change some day.
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Glad to hear everything worked out!! Congratulations!!
The only time that I have seen that a lawyer was able to help someone go through the appeals process was when someone was denied because of a prior felony conviction. The lawyer was able to show that the felony was wrong, and in fact the conviction was a misdemeanor. In this case here Falconguy64 had an "incident" nearly 10 yrs ago but since then had been treated and had never had any problems since. Resident Judge Cooch is usually the judge who handles appeals, however Judge Cooch was out that day, and the appeal fell to Judge Wallace. Judge Wallace did ask for any type of letter from Falconguy64 stating from a doctor that he has been treated and all is well with him. No doubt Judge Wallace was impressed due to how well Falconguy64 represented himself and deferred his decision until he spoke to Judge Cooch. In the meantime he asked that Falconguy64 try to obtain a letter from his doctor that treated him through his rough time (this is the advise I gave to him). I'm thinking since Falconguy64 won his appeal, Judge Cooch must have given the green light without the letter?
My experience shows me that if there is question regarding someone's application, the Attorney General will deny the application, which is basically deferring the case to the appeals process and therefor letting the judge handle it. At that time a huge % of the decision comes from how well the applicant represents him/herself. Any kind of violent record, multiple dui's, a dui conviction within 3yrs, drug conviction etc. don't even bother appealing. It does not matter how well you represent yourself, you will be denied.
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Any kind of violent record, multiple dui's, a dui conviction within 3yrs, drug conviction etc. don't even bother appealing. It does not matter how well you represent yourself, you will be denied.
I guess it will be a no go for a buddy of mine then. He plead guilty to a 1st degree assault (only charge ever) charge over 20 years ago, but received a pardon last year. His civil rights were reinstated, and he now open carries. He tried to get his CCW permit, but was denied. He skipped the appeal because he wants the help of an attorney. I guess I will have to pass on this info to him.
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Everybody's situation is different, so there can always be an exception to the rule. However I have never seen an appeal won with any kind of violent record. If we lived in a shall issue state I'd say the pardon would help him, but since this is a may issue state I am not sure the pardon plays any beneficial part in the judges decision. With that said, I have been surprised a couple of times. One guy "lied" on his application about having a dui conviction (Have you ever been convicted of any alcohol related offenses?) turns out he had one in PA years ago. The judge was going to deny him on that alone, however all 5 of his references wrote comments about how wonderful the guy was and since doing that was so unusual the guy was approved. BTW, when asked why he "lied" his response was he thought the question only applied in Delaware, a response the judge did not accept.