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 What shows-up on MN background check? 
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 Post subject: What shows-up on MN background check?
PostPosted: Tue Sep 16, 2008 2:21 pm 
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I was accused of domestic assault 7 years ago, was cuffed & stuffed in front of the kids, hauled DT, printed, processed, and got out on bail. Went to live with a friend. Got an attorney, went to court, and I was acquitted. The case was thrown-out of court. Filed for divorce & got divorced!

Now, I've taken my PTC class and the next step is to submit my application.

My question is, will the incident above show-up on my background check and could it be a cause for denial of my permit? I was not convicted. I have purchased 2 rifles since then and my background check has been OK and I've been allowed to purchase long guns.

Does anyone know if my experience described above will restrict me from getting my PTC? Will it even show-up? Is it a reason for the sheriff to deny my permit?


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PostPosted: Tue Sep 16, 2008 2:30 pm 
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Is it a reason? No.

Only convictions count, not accusations. Otherwise, we wouldn't need judges at all.

Will your Sheriff try anyway? Maybe. This says more about certain Sheriffs than it does about you.

What county do you live in?

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"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat


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PostPosted: Tue Sep 16, 2008 2:33 pm 
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Hennepin County


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PostPosted: Tue Sep 16, 2008 3:10 pm 
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Get a good lawyer. You probably don't even need to use the search function. We just had a thread about lawyers.

Quote:
Only convictions count, not accusations.
in theory. I am still fighting Minneapolis because they have a city attorney who can't read the law. In theory the 4th ammendment means something too.

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PostPosted: Tue Sep 16, 2008 6:04 pm 
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Call David Gross. Buy an hour or two. My guess is that you won't, looking back, have needed it. But this is definitely the sort of thing where, if it goes south, you'll want him.

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PostPosted: Tue Sep 16, 2008 6:11 pm 
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Erm...shouldn't he just apply first and see if he is denied?

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PostPosted: Tue Sep 16, 2008 6:26 pm 
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Yeah, I'll apply and see what happens.

I was just curious if anyone works in law enforcement and knows if that past incident will appear on my history even though the charge was thrown out of court and I was not convicted of anything. I'm just worried that some overzealous sheriff will see that and say that's reason enough to deny my application.


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PostPosted: Tue Sep 16, 2008 7:40 pm 
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Shouldn't be a problem in Henn county.. I had kinda the same thing in 2001..(5th degree domestic assault with weapons charges) Pled guilty to disorderly conduct. No problems getting the permit..


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 Post subject: Re: What shows-up on MN background check?
PostPosted: Tue Sep 16, 2008 9:07 pm 
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JudoknowifIgottagun wrote:
My question is, will the incident above show-up on my background check and could it be a cause for denial of my permit? I was not convicted. I have purchased 2 rifles since then and my background check has been OK and I've been allowed to purchase long guns.

Does anyone know if my experience described above will restrict me from getting my PTC? Will it even show-up? Is it a reason for the sheriff to deny my permit?

Will it show up? Yes, it will.

Is it a proper basis for denying you a permit? Absolutely not.

Will Hennepin County deny your application? Definitely maybe. Your odds are better than in Ramsey County, but don't be surprised if the sheriff's office tries to pull a fast one by using it as grounds for denial.

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PostPosted: Tue Sep 16, 2008 9:22 pm 
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Judo, if you have any problems, you would be in good hands with attorney Marc Berris, who has a lot of experience with permit denial appeals. Marc is also known as mnlitig8r. :)

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PostPosted: Tue Sep 16, 2008 9:30 pm 
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Andrew Rothman wrote:
Marc is also known as mnlitig8r. :)

As well as by several other less flattering names, most of which are used behind my back. :D

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"We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job – our sworn duty as criminal defense lawyers – to protect our clients from those people." -- Cynthia Rosenberry, a DePaul University law professor, criminal defense attorney and founding member of the Georgia Innocence Project


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PostPosted: Tue Sep 16, 2008 10:10 pm 
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mnlitig8r wrote:
Andrew Rothman wrote:
Marc is also known as mnlitig8r. :)

As well as by several other less flattering names, most of which are used behind my back. :D


...and we've all used them at one time or another ... ;)


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PostPosted: Tue Sep 16, 2008 10:58 pm 
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Macx wrote:
Minneapolis because they have a city attorney who can't read the law. In theory the 4th amendment means something too.



Which attorney?

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"The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960

"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat


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 Post subject:
PostPosted: Wed Sep 17, 2008 7:10 pm 
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Quote:
What shows-up on MN background check?


Some interesting things showed up on mine. There was an arrest that I was aware of and iformation on the dismissal and a 1994 charge that I had never heard of before. It was a charge of BIGOMY. Criminal history shows that this charge was never resolved. This background check was for a volunteer firearms safety instructor with MN DNR. Officer said that it was filed in Washington County. Went to Washington County court admin and they find no record of it. Since 1994, I have had many background checks and this never came up before. It is totally false.

Interestingly enough, they also showed me my sons background information. Same first and last name but different middle name. They show a divorce for him in 1996 but he never got married until 2005.

How do you get this crap off your record without spending tons of cash?

Bob


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PostPosted: Wed Sep 17, 2008 8:19 pm 
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"They show a divorce for him in 1996 but he never got married until 2005".

That you know of! :lol: Maybe he was married... :shock:

When I had my run-in with the law, they recorded my birthdate wrong.

Two years ago, I had a mental lapse while calling my son on his birthday on the cell phone. I accidentally went through a stop sign and got T-boned. I had to go to court and the judge said, "You have no criminal record and you have no history of traffic violations, so I'm letting you go with a small fine and I want you to have a clean driving record for the next 6 months." - I just smiled and said, "Umm, OK". Funny cuz I just had a speeding ticket a few months earlier.

Human errors on all these items you mentioned, I presume.
But, you're right. Like identity theft, this could be a mess to clear-off your record.


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