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Posted: 8/24/2005 4:38:03 PM EDT
Gratiot Co. denied a co-worker(contractor) his CCW because of a 15yr old item.  Seems he was drunk and disorderly, mouthed off to a superior officer while in the Navy.  He was brought to a Captains Mast & lost a stripe.  It showed up in his Fed back ground chk.

Odd thing, he still had a security clearance afterword while in the service in communications....go figure.

That was reason enough for the county clerk to deny his license. The clerk was following guidelines set forth under the law when voting against issuing and pointed out the paragraph that pertained.

The sheriff & prosecutor suggested he get it cleaned up & to contact the Red Cross.  Apparently the Red Cross can contact JAG on his behalf and have it expunged.
Link Posted: 8/24/2005 6:12:19 PM EDT
[#1]
Doesn't smell right at all.

Capt's mast is non judicial punishment. While yes, it is a part of permanant records, it is not a criminal conviction. Any courts martial that results in a bad conduct discharge is a Misdemeanor conviction, and a Dishonorable discharge is equal to a felony conviction, but Capts Mast isn't even judicial.

Lokking @ MI CCW law, the only misdemeanors that are deniable, are only deniable for up tyo 8 years. If'n I were your friend, I'd talk to a lawyer.
Link Posted: 8/24/2005 7:02:52 PM EDT
[#2]
I advised to lawyer up.

He believes the co. clerk is anti & was reading much more into the paragraph than was intended.
Link Posted: 8/25/2005 3:51:04 AM EDT
[#3]
Top Secret Clearance is only 5 years and Secret Clearance is valid for 10 years. The item your friend was involved with was over 10 years ago, it should not be used to deny the CCW. Lawyer up, sue the municipality for emotional distress/duress and interference with second amendment constitutional rights, civil rights, etc...
Link Posted: 8/25/2005 4:50:59 AM EDT
[#4]
Plain & simple, Michigan is a "Shall Issue" state.
If you meet the requirements, you can't be denied for ANY other reasons.
Basically, if you have no felony convictions or any of the listed misdemenors within the last 8 years, you can't be denied.
They are breaking the law.

I personally would call Attorney Jim Simmons. He lives for this kind of stuff.
This is exactly the kind of shit we can't let them get away with.

If your friend would like his contact info, I can IM it to you.
Link Posted: 8/25/2005 6:02:51 AM EDT
[#5]

Quoted:
I advised to lawyer up.

He believes the co. clerk is anti & was reading much more into the paragraph than was intended.



BINGO
Link Posted: 8/25/2005 7:39:47 AM EDT
[#6]
The Co. Clerk dropped the ball.  
Link Posted: 8/25/2005 8:59:08 AM EDT
[#7]
What does the clerk have to do with this anyway?
The county gun board makes these decisions and is usually made up the the county sheriff, the county prosecuting attorney and a rep from the state police.
Link Posted: 8/26/2005 4:27:55 PM EDT
[#8]
For some reason that don`t surpise me with Gratiot.I`ve lived in alot of different places here in MI and personaly ,Gratiot was probaly the worst*specialy Ithaca*.Like stated,I`de contact a lawyer bout all that.
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