Will I be denied...again?
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dan7780
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Post subject: Will I be denied...again?  Posted: Mon Aug 18, 2008 8:03 am |
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Joined: Sun Aug 17, 2008 3:24 pm
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I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. i went to the BCA and the Ramsey County Court house to run my record. nothing shows up. I then called there and the say it goes away after 3-5 years. i was going to try and get it expunged but I cant find it. Now that i've waited do you think I should try again?
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-Dan
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joelr
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Post subject: Re: Will I be denied...again? Posted: Mon Aug 18, 2008 8:10 am |
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Joined: Sun Aug 07, 2005 5:43 am
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Location: Minneapolis MN
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dan7780 wrote: I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. i went to the BCA and the Ramsey County Court house to run my record. nothing shows up. I then called there and the say it goes away after 3-5 years. i was going to try and get it expunged but I cant find it. Now that i've waited do you think I should try again? Yes, but you should be prepared -- this being Ramsey, and all -- to get a lawyer, and go to court; there's only about a 99.9% chance that you'll have to, after all, this being Ramsey.
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Just a guy.
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princewally
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Post subject: Re: Will I be denied...again? Posted: Mon Aug 18, 2008 9:08 am |
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Location: St Louis Park
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dan7780 wrote: I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. Outside of Ramsey, this won't constitute a denial. "Small amount of marijuana" doesn't make you a prohibited person in Minnesota. "Small amount" was decriminalized(not legal, but not criminal). There is a specific exception for "except a small amount of marijuana" in 152.025(CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE), which means "small amount" doesn't rank that high. "Prohibited person" requires a misdemeanor or gross misdemeanor (not petty misdemeanor)violation of 152, and "small amount" doesn't cut it. Quote: As used in these rules, petty misdemeanor means a misdemeanor offense punishable only by fine of not more than $300 or such other dollar amount as is established by Minn. Stat. 609.02 subd. 4a or other statute as the maximum fine for a petty misdemeanor. Of course, joelr wrote: ....you should be prepared -- this being Ramsey, and all -- to get a lawyer, and go to court; there's only about a 99.9% chance that you'll have to, after all, this being Ramsey.
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Of the people, By the People, For the People. The government exists to serve us, not the reverse.
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Andrew Rothman
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Post subject: Posted: Mon Aug 18, 2008 10:40 am |
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Location: Twin Cities
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dan7780
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Post subject: Posted: Mon Aug 18, 2008 10:41 am |
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Joined: Sun Aug 17, 2008 3:24 pm
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The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be?
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-Dan
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joelr
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Post subject: Posted: Mon Aug 18, 2008 10:44 am |
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Joined: Sun Aug 07, 2005 5:43 am
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Location: Minneapolis MN
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dan7780 wrote: The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be? $3-4K; if/when you win, the court awards attorneys fees to you, and the sheriff pays.
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mo_the_mouse
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Post subject: Posted: Mon Aug 18, 2008 10:45 am |
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Location: Coon Rapids
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The only thing you were a danger to is a twinky and a pepsi. 
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NRA Certified Instructor
That is all....
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joelr
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Post subject: Posted: Mon Aug 18, 2008 10:48 am |
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Andrew Rothman wrote: Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris. Marc, David, Brian, or Jeff.
And for the original poster, the obvious question: who was your instructor, and did he cover this stuff?
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Andrew Rothman
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Post subject: Posted: Mon Aug 18, 2008 12:47 pm |
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joelr wrote: Andrew Rothman wrote: Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris. Marc, David, Brian, or Jeff. And for the original poster, the obvious question: who was your instructor, and did he cover this stuff? Yup, I would turn to any of the four if I needed a defense attorney. That said, Marc has been delivering a vigorous legal drubbing to Sheriff Fletcher on a somewhat regular basis.
[Disclaimer: Marc is an unpaid board member of MADFI, as am I. Further disclaimer: his legal chops are what led me to ask him to serve.  ]
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* NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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dan7780
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Post subject: Posted: Mon Aug 18, 2008 3:01 pm |
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Joined: Sun Aug 17, 2008 3:24 pm
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Thank you guys! Great forum, i will keep you updated as to what happened.
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-Dan
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RLS59
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Post subject: Posted: Mon Aug 18, 2008 4:47 pm |
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Location: Rochester
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Good luck
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"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people, and I require the same from them." John Wayne (The Shootist)
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Andrew Rothman
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Post subject: Posted: Mon Aug 18, 2008 5:03 pm |
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JimC
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Post subject: Posted: Mon Aug 18, 2008 5:05 pm |
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I'm assuming you mean the Taxpayers would pay the legal fee if the Sheriff looses the case?
joelr wrote: dan7780 wrote: The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be? $3-4K; if/when you win, the court awards attorneys fees to you, and the sheriff pays.
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kimberman
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Post subject: Posted: Mon Aug 18, 2008 5:12 pm |
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No. The carry permit holders of Ramsey County will pay the fees because they'll be charged against the restricted fund created by their application fees. The County will only pay the excess if the Sheriff can't keep his spending within the limits of that fund.
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joelr
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Post subject: Posted: Mon Aug 18, 2008 5:29 pm |
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Joined: Sun Aug 07, 2005 5:43 am
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Location: Minneapolis MN
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kimberman wrote: No. The carry permit holders of Ramsey County will pay the fees because they'll be charged against the restricted fund created by their application fees. The County will only pay the excess if the Sheriff can't keep his spending within the limits of that fund. Hey, this is Ramsey County; the latter is a done deal -- Fletcher, when it comes to his carry permit denial program, has long since burned through the permit holders' fees, and is in drunken sailor mode with RamseyCo taxpayers' money.
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