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Questions about permit while on probation...
http://twincitiescarry.com/forum/viewtopic.php?f=2&t=11936
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Author:  JCinMN [ Thu Feb 26, 2009 9:58 pm ]
Post subject:  Questions about permit while on probation...

I'm asking this question for a cousin. Did some searching first and didn't get a good idea.

My cousin got a DWI 3 1/2 years ago, but just settled the case in court about 8 months ago. I believe it was a gross misdemeanor, he served 50 days in the workhouse, attended an treatment program (that he didn't need as he hasn't touched a drop since the accident 3 1/2 years ago even without treatment - but that's not the point). He has 4 years of probation, just over 3 years left and lives in Chisago county. We are trying to figure out if it's going to be a big waste of money for him to apply for a carry permit? I know ramsey county is a major pain, but don't know about chisago.

I know the best answer is to call an attorney and ask, but we're trying to get a good feel from some other's first.

Thanks much!

Author:  Srigs [ Thu Feb 26, 2009 10:30 pm ]
Post subject: 

Have him go for a permit to purchase and that should be a good test. If he does not get that then no way in heck would he get a carry permit.

Hope this helps.

Author:  Macx [ Thu Feb 26, 2009 10:49 pm ]
Post subject: 

That works.

I'd be inclined to say he should go ahead and go for it. If he completed a treatment program then some doctor or qualified mental health professional had to sign off. . . should meet and beat the standard in 624.713 sub 1 (e) If he doesn't go for it, he doesn't get a chance to appeal. The law is on his side, if MN was a may issue state I wouldn't roll the dice. Fortunately it is shall issue & he should be okay.

Author:  JCinMN [ Sat Feb 28, 2009 3:28 pm ]
Post subject: 

Thanks for the suggestions guys. He just decided to go in and chat with the sheriff about the situation and his sheriff said that there should be no problem issuing him a permit. Heh, it's obviously not ramsey county!

Author:  acemadison [ Tue May 26, 2009 11:22 pm ]
Post subject: 

in that senario, the court sees it as an open case until the 8 months ago when it was closed , so its only an 8 month old case not a 3 1/2 yrs old case , might be tough . the permit to purchase is a good peice of advise. when in doubt call the sherriff and ask (maybe not your own though)

Author:  Andrew Rothman [ Wed May 27, 2009 3:01 am ]
Post subject: 

Srigs wrote:
Have him go for a permit to purchase and that should be a good test.


Actually, it's not. The permit to purchase is purely objective*. A carry permit can be denied to a person on the basis of a DUI only on the sheriff's subjective opinion of the "danger to self or others" that the applicant would pose if granted a carry permit.

---

*
624.7131 wrote:
Subd. 4.Grounds for disqualification.

A determination by the chief of police or sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon shall be the only basis for refusal to grant a transferee permit.

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