NCC - 353 Days

[carrmat]

Finally received it after waiting nearly a year. 

Filed Feb 22, 2015 in person, took about 6 months for the AG's office to respond, another couple of months before I got the letter from the Prothonotary's office stating denial and hearing options. Another month before I could get a hearing.  Had hearing in late Dec, judge approved it, took class in late January and submitted certificate the next day in person, then about 2 more weeks before my LCDW showed up in the mail. 

Why the prothonotary doesn't follow the procedural rules set forth by the court and submit it to the judge after 30 days is beyond me.  The AG's office gets 30 days to respond, if not the court is supposed to consider the application on the facts presented.  I don't know why that is so difficult to understand or follow.  If the judge gave me a deadline of 30 days for ANYTHING, its not arbitrary, if I miss it, the case gets dismissed or otherwise moves along without it, its not "you have 30 days but really take as much time as you want to get it to me".  I wish the NRA would back the legal fees of an applicant to file a lawsuit to enforce the rule.  Had the procedural rules been followed, I would have filed Feb 22, it would have gotten to the judge around the end of March, lets say he still denied it (which would be reasonable considering he didn't have a background on me), I would have had a hearing, lets say another month, April 2015, he would have approved at that point and I would have had my LCDW after I completed my training in May. 

Overall the hearing process was very straightforward, both the AG's representative and the judge were very nice and fair.  The Judge took the time to listen to all of the facts presented in each hearing, some of them were more cut and dry than others but he gave everyone ample time to plead their case, he was interested and engaged.     

Coincidentally, I got my Utah renewal application in the mail on the same day.   I went online, filled out the renewal, paid fee and uploaded a photo, renewal should be here in about 2 weeks they said, all for a cost of about $16, including a whopping $.75 convenience fee for doing it online.   

Glad the process is finally over. 

[PPScarry]

That is terrible and I am sorry for you. Denying your 2nd Amendment rights and due process at the same time. Tough on Americans unless they have several thousand dollars of disposable income available for lawyer fees. The Judge and AG should have been kissing your butt, there is no cause for such a delay.

[Cbmarine]

Welcome to the club, @carrmat.  Sorry it took so long.  Maybe they thought you were @doormatt.
Carry safe and always.  Your experience is why I'm against the amendment to remove the three day waiting period limitation which allows the gun purchase if the government takes too long to respond.  All it takes is some civil "servant" with an agenda to muck up the works. 

[seniorgeek]

Welcome to the group. Sorry you had so much trouble but now that is over enjoy your privilege.

[Clarence]

Welcome.  Stay safe.  Remember that this is an awesome responsibility.   We go through all this for something we hope and pray we will never use.

[Adrenolin]

Wow.. And I thought my 9 month wait was long!

Welcome and glad it turned out well for you in the end. Stay safe!

[greymas]

I apologize in advance if this is a personal question and don't feel obligated to answer. What reason did they give for the denial? Did you have to provide a reason for your side stronger than 'personal protection and protection of property'? 

[rikwick]

"Why the prothonotary doesn't follow the procedural rules set forth by the court and submit it to the judge after 30 days is beyond me."


Superior Court in Wilmington is overwhelmed.  Gun permit appeals only happen about every two months, and pretty much only by the resident judge Cooch.   The most I have seen come in to appeal is 6 at a time.  Usually it's about 4 or 5 that get scheduled.   Reasons I have seen for denial:  DUI within 3 years, mental health issues, any consistent charges (does not have to be convictions) of any violent related episodes (terroristic threatening, offensive touching), multiple DUI's and excessive DMV points, and lying on the application about any convictions even out of state. 

Very few appeals get overturned.  In fact I remember only 3:  1) A guy had a DUI in Florida, by the time he got into court for his appeal he was only a month away from the 3 year time frame.  2)  A guy was denied due to mental health issues years ago, but he brought in a letter from the Dr that treated him stating he was fine. 3) A guy was denied for lying on his application about a DUI in PA years ago.  He stated that he thought the application was only interested in DE, which did not help him.  What did help him was that every reference that signed for him took extra time on the form to express how wonderful the guy is and how each of them trust him.   Something the judge said was very unusual.   

In my opinion the best course of action in the appeal process is to skip the lawyer.  The judge wants to hear from the applicant and he will judge you on how you speak and dress and how well you present your case.   Never state why you need to carry, it doesn't matter. Stick only to relevant matters, and do not talk when the judge is talking.  You pretty much only get one shot to speak so make it good.  I work as a peace officer in Superior Court, so if I helped.

 

[64Falconguy]

Thank you for sharing your experience. Also thank you to those that added how the process works. Im going to be apoealing my DOJ opposition letter as well. Im waiting for the letter from the Court with my appeal instructions. Im hoping I can have a successful experience as well.