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9/22/2017 12:11:25 AM
Posted: 10/1/2005 6:11:30 AM EDT
If a CLEO refuses to cooperate with a CCW/Form 4 signoff, and an individual went to court and secured a writ of mandamus, (which is a court order to force a government official to do his/her job) does the CLEO then have to sign, or is he only forced to CONSIDER signing?

Your opinions please...

Link Posted: 10/1/2005 6:27:43 AM EDT
Without knowing much about this process, I'd imagine that it would be significantly faster and cheaper to incorporate and bypass the CLEO signoff entirely. For added fun, inform the CLEO that you just did an end run around him, and he now has no way of knowing what toys you have.
Link Posted: 10/1/2005 6:31:26 AM EDT
Not a lawyer.

Some state laws allow a lot of discretion for local officials who must sign off. In such a situation, not sure they can be forced to do anything.

That is why "shall issue" is so important.

Link Posted: 10/1/2005 6:32:07 AM EDT
Since I've given up on my MP5 clone project this is just a hypothetical question, but it's one I've been wondering about for a while. Incorporating does seem like it would be less of a hassle, which is saying a lot...
Link Posted: 10/1/2005 6:33:06 AM EDT
Nothig to add, hope you get your gun
Link Posted: 10/1/2005 6:44:44 AM EDT
Mandamumus only works to force a government officer to perform action that is nondiscretionary (often ministerial) on their part.

Many states allow SOME discretion in the CLEO sign off, so the Mandamus petition would be subject to dismissal under Rule 12.

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