Author Topic: Anyone denied with clear background?  (Read 17696 times)

fish0123

  • Member
  • ***
  • Posts: 26
Re: Anyone denied with clear background?
« Reply #30 on: February 02, 2012, 12:57:29 AM »
I think it really does vary county to county. I just know for a fact that in Sussex you have to be specific. I wrote a half a page on all of the reasons why I need to carry concealed.

horse8four

  • Newbie
  • *
  • Posts: 2
Re: Anyone denied with clear background?
« Reply #31 on: February 02, 2012, 12:52:22 PM »
UPDATE: As I stated before, ny initial application was put on hold pending my more detailed explaination as to why I needed to carry concealled because the reason I put on my application was the standard "For protection of self, family, and property."  Remember that the judge had stated that the constitution grants us the right to bear arms already and we were free to do so openly in the state of Delaware already and that carrying concealled required a more detailed and valid reason. Well the same day I received the letter from the judge in the mail, I further explained my reasons such as carrying large amounts of cash for my job, etc. The very day that the judge received that letter, he approved my request and had the office call me to let me know that my permit would arrive via mail within the next few days.  I do believe that from now on, you are going to have to supply more reasoning behind the request to carry concealled and the standard text on the application will no longer suffice. Keep this in mind. Although the process was tedious, the Sussex County prothonotary office was very quick and very pleasant to deal with. Kudos for those folks! I only wish all government offices worked this efficiently.
On another note, as the judge stated in his letter, " You are already afforded the right to bear arms as stated in the second amendment to the constitution.", I dare to ask why then can certain states such as Maryland deny those rights to the people by not allowing them to bear arms also? I have always read that state laws couldn't supercede federal laws...maybe I'm just nieve.
« Last Edit: February 07, 2012, 02:25:36 PM by horse8four »

fish0123

  • Member
  • ***
  • Posts: 26
Re: Anyone denied with clear background?
« Reply #32 on: February 13, 2012, 03:09:48 PM »
Well I told everyone that I would provide an update about the hearing. The reason that the judge called me in for a hearing was because of my age. He wanted to make sure that I was aware of the responsibility that I was accepting, and mainly just see me face to face. It had nothing to do with my application, he said everything was spot on. Apparently I am the youngest person in Sussex county to get a CCDW. I think it is a great idea that he wanted to see me in person, and I respect his decision on the matter.

Lumspond

  • Life Member
  • *****
  • Posts: 1101
  • NRA life member
Re: Anyone denied with clear background?
« Reply #33 on: February 13, 2012, 08:15:30 PM »
I can't even find the rule that the minimum age is 18. I found this:
  TITLE 11  
  Delaware Criminal Code
  CHAPTER 5. SPECIFIC OFFENSES
ยง 1441. License to carry concealed deadly weapons.
(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:


A person of full age. I know firststatefirearms knows his stuff, so 18 makes sense. Does this judge call in everyone from 18-21? Makes no sense to me.
New Castle County

Wickedrex

  • Member
  • ***
  • Posts: 47
Re: Anyone denied with clear background?
« Reply #34 on: February 13, 2012, 10:41:13 PM »
Glad to hear it is working out for you guys down south.  Now if only NCCo could be as fast! I think just the amount of people we have living up here slows it WAY down but I'm sure some of the employees make it a tad bit slower...... :(. Three weeks almost down and forever to go!  Oh well  :D
--Jay--

imdman71

  • Newbie
  • *
  • Posts: 4
Re: Anyone denied with clear background?
« Reply #35 on: February 29, 2012, 07:19:54 AM »
 I have been denied and as far as I am aware I have a clean background. I am a USAF retiree, just retired in Dec and the only thing I am aware of on my record is a couple traffic violations. I am currently employed overseas ( Afghanistan ) and requested a hearing for April when I come home for R & R. Guess we will see what happens when I go to the hearing, I will be representing myself since I cannot afford a lawyer so who knows how this will turn out.

Wickedrex

  • Member
  • ***
  • Posts: 47
Re: Anyone denied with clear background?
« Reply #36 on: March 01, 2012, 08:02:45 PM »
I have been denied and as far as I am aware I have a clean background. I am a USAF retiree, just retired in Dec and the only thing I am aware of on my record is a couple traffic violations. I am currently employed overseas ( Afghanistan ) and requested a hearing for April when I come home for R & R. Guess we will see what happens when I go to the hearing, I will be representing myself since I cannot afford a lawyer so who knows how this will turn out.

This is terrible!  You served your country with your life and retire from doing so and they deny you the right to protect yourself?!??  That is just disgraceful!  I hope it works out for you and good luck.  When did you actually apply and which county?  How long did they make you wait?
--Jay--

imdman71

  • Newbie
  • *
  • Posts: 4
Re: Anyone denied with clear background?
« Reply #37 on: March 04, 2012, 10:21:28 AM »
I applied in Kent County before I came back overseas, I am currently back in Afghhanistan as a contractor. I applied back in september/October and I contacted the prothonary on Dec 30th after my wife received the denial letter. She stated that the DOJ recommended denial and the Judge usually concurs with the DOJ. So I then received the letter from the Judge with the denial about 2 weeks later. I was told I could request a hearing and submitted the letter to the judge which was accepted and also stayed until I come back to the states on R & R.

CorBon

  • Life Member
  • *****
  • Posts: 457
  • The Revolution starts in your heart...
Re: Anyone denied with clear background?
« Reply #38 on: March 04, 2012, 12:52:23 PM »
I have been denied and as far as I am aware I have a clean background. I am a USAF retiree, just retired in Dec and the only thing I am aware of on my record is a couple traffic violations. I am currently employed overseas ( Afghanistan ) and requested a hearing for April when I come home for R & R. Guess we will see what happens when I go to the hearing, I will be representing myself since I cannot afford a lawyer so who knows how this will turn out.
I hate to speculate, but maybe there is an issue with the fact that you are not (currently) physically residing in Delaware.  Years ago, my FFL was delayed for a similar reason (out of country due to military commitment). 

Also, as far as legal representation, the appeal process should be fairly easy, meaning your legal bill would be small (maybe even a flat fee of an hour or two).  Unless they have some concrete evidence against you, it comes down to the investigator's "feelings" that you shouldn't be allowed to carry a gun. 

Good luck with your overseas work and your appeal.
Very few guns are actually "illegal guns."  A gun misappropriated by a criminal is no more of an "illegal gun" than a stolen car is an "illegal car."

SturmRugerSR9

  • Life Member
  • *****
  • Posts: 2988
  • Made in America
Re: Anyone denied with clear background?
« Reply #39 on: March 04, 2012, 11:49:42 PM »
Sounds to me that CorBon is right. If you spend so little time in Delaware, they probably feel you don't need a CCDW for Delaware.
Keep us posted.
I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 1ST AND 2ND AMENDMENT!

DECCW Permit Holder
Former PA (non-resident) Permit Holder
NRA Member
USAF Veteran
Kent County
Former Lobbyist
Christian/Conservative
I cling to my GOD and my gun