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Posted: 7/30/2003 2:09:42 PM EDT
Any one know what the legal recourse is if the Minnesota CCW is not issued within 30 days of application?
Link Posted: 7/30/2003 3:02:58 PM EDT
[#1]
Direct from the State of MN web site:

How long do I have to wait to get my permit?

The county sheriff must provide a response of issuance or denial within 30 days of the application date.

What would prevent me from getting a permit to carry?
Any applicant that does not meet the criteria as listed below:
Must be at least 21 years of age.
Must complete an application form.
Must not be prohibited from possessing a firearm.
Must not be listed in the criminal gang investigation system.
Must be a resident of the county from which you are requesting a permit if you reside in Minnesota.  Non-residents may apply to any Minnesota county sheriff..
Must provide certificate of completed authorized firearms training.  Training by a certified instructor and completed within one year prior to applying for a permit to carry.
above is not eligible for a permit to carry a pistol. The sheriff can also deny the application if there is a substantial likelihood that the applicant is a danger to self or others if issued a permit to carry.

Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF
19.31  PERMITS.] (a) The sheriff must, within 30 days after the date of
19.32  receipt of the application packet described in subdivision 3:
19.33     (1) issue the permit to carry;
19.34     (2) deny the application for a permit to carry solely on
19.35  the grounds that the applicant failed to qualify under the
19.36  criteria described in subdivision 2, paragraph (b); or
20.1      (3) deny the application on the grounds that there exists a
20.2   substantial likelihood that the applicant is a danger to self or
20.3   the public if authorized to carry a pistol under a permit.
20.4      (b) Failure of the chief police officer or the county
20.5   sheriff to deny the application or issue a permit to carry a
20.6   pistol notify the applicant of the denial of the application
20.7   within 21 30 days of after the date of receipt of the
20.8   application shall be deemed to be a grant thereof. packet
20.9   constitutes issuance of the permit to carry and the sheriff must
20.10  promptly fulfill the requirements under paragraph (c).  To deny
20.11  the application, the local police authority shall sheriff must
20.12  provide an the applicant with written notification of a denial
20.13  and the specific reason for factual basis justifying the denial
20.14  under paragraph (a), clause (2) or (3), including the source of
20.15  the factual basis.  The sheriff must inform the applicant of the
20.16  applicant's right to submit, within 20 business days, any
20.17  additional documentation relating to the propriety of the denial.
20.18  A chief of police or a sheriff may charge a fee to cover the
20.19  cost of conducting a background check, not to exceed $10.  The
20.20  permit shall specify the activities for which it shall be valid.
20.21  Upon receiving any additional documentation, the sheriff must
20.22  reconsider the denial and inform the applicant within 15
20.23  business days of the result of the reconsideration.  Any denial
20.24  after reconsideration must be in the same form and substance as
20.25  the original denial and must specifically address any continued
20.26  deficiencies in light of the additional documentation submitted
20.27  by the applicant.  The applicant must be informed of the right
20.28  to seek de novo review of the denial as provided in subdivision
20.29  12.




Now, I know that mine actually took a bit longer.  The letter was dated a week before I laid hands on my permit in the mail.  So it was issue, just not in my paws.  Many people have commented about the Shef. Dept.'s maxing out the time line.  Especially the metro counties. Now, it was post marked a day later then the 30 day limit!  Funny how that works!
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