The only thing you can do is contact a VA attorney.
Well on Friday afternoon, I get a call from my wife and she proceeds to tell me that I have been denied my CWP Permit from the SLED. A little heartbrokern, I told her I would read it when I got home. I get home and read the letter and it states:
You have been denied because of an arrest for Assault and Battery on October 26, 2004 in Stafford, Virginia I heart sake into my stomach and immediatly got on the phone. A little back history... I was arrested in 2004 for Assault and Battery-Domestic Dispute because my Ex-wife lied and told the Police I pushed her. At the time I was still in the Marine Corps and was so focused on my career, it was just crazy that she would lie and say that. I was released the same night on my own recogizance and had court the next month. When I stepped into the court room, I now Ex-Wife told the Prosecuter the truth and the prosecuter then asked for the case to be thrown out of court and be "Nolle Proqusei" or Non-Processed.
Move to 2010, I complete the CWP course and submit my application and the end result is getting denied. What bothers me was I have been able to purchase handguns, and other guns within the last couple of months, and I hold a Secret Clearance with the Department of Defense. I know that SLED does not care about that but it makes me wonder why. I called SLED and I explained to the lady on the phone that I was never prosecuted and never convited of anything. She stated that I needed to send the paper work from the Court stating this and a letter stating my appeal of the denial.
Great, simple enough right? Wrong. I contact Stafford County Virginia Courts and they tell me that the only way I can get the documents is to go to the court and get them or send them a notarized letter in the mail requesting them and that could take up to 30 days. Since I have only 30 days to appeal the denial, and I don't plan on going back to Virginia anytime in next thirty days, I am in a little pickle.
I know once I get the paperwork together, I can win my appeal with no problem at all. Can anyone offer any advise? I have already wrote a letter, got it notorized and sent it off in hopes that I could get the documents back before my 30 days are up. Any other idea's or things I am not thinking of doing?
The only thing you can do is contact a VA attorney.
File the appeal as soon as possible explaining the situation, and keep following up with Stafford Co, VA to verify they receive the letter, I hope you sent it certified, return receipt, if not, and they don't have it within a few days, you may want to send another. You could ask them to call you when they receive it.
Then you'll be able to tell the appeals officer what the status is of your request for records correction. Worst case is your appeal is denied for whatever reason, what's to keep you from reapplying when you get your record corrected?
Keep receipts of when you mailed it, printouts of when it was received, names of any people you talked to in Stafford County, etc.
Should your paperwork not come through in time, you would be able to prove that the hold up was with Stafford County and that you did everything possible to get the paperwork for your appeal in a timely manner.
Affidavit from ex-wife that she lied? Or court transcripts where she admits to lying....
THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!
Okay, to reply to some of the post that have been given...
When I talked to the lady at the appeals office she stated that it would not do me any good to submit my appeal until I have all of the documentation stating my case for appeal. So appealing without the paperwork from the VA court where this occurances happened would not do any good.
As far as getting an avafidavit from my Ex... Well that won't happen. Since our divorce shortly after that situation occured, I have not seen nor spoke to her. I wouldn't even know how to get in contacxt with her. As far as anything from the courts, well there may be something in the paperwork that they will provide but I doubt it. Before the hearing, the Prosecutor pulled her into a room and spoke with her for a hour or so, and I never actually found out what happened. All I know is when we stepped in front of the judge, the Prosecutor immediately asked for the case to be thrown out, because of reasons unknown. I think he was actually trying to help her avoid charges of giving a false statement to a Police Officer. Either way, it was thrown out, I was not convicted of anything and a couple months later I saw her again in court finalizing our divorce.
I guess I could just re-apply if I don't make the 30-day deadline. Honestly, I already have the certificate showing my class requirement, and qualification requirement, plus I am a Disabled Veteran and in South Carolina, that waives the fee that they charge for the permit. Obtaining finger prints wouldn't be that hard because I work for the Federal government and we do them all the time for folks needing to get there clearances. I never actually thought of just reapplying, But I guess the fear of having to prolong getting my permit any longer than it has to be is frustrating and making me want to fix this now rather than later. South Carolina is getting better with their timeframe of issuing the permits, but it is still a long wait compared to most other "shall issue" states.
As far as contacting an attorney... That is a good idea. Even if I have to pay a small fee for them to do that, then it might be faster. I will give a few local attornies a call and see what they can do. Great Idea. When I did send the letter, I put a self addressed stamped envelope in their as well so all they would have to do is put the paper work in their and mail it off... Trying everything I can short of just driving up there and getting the documents myself.
tyjack09, sounds like a bad situation man. It seems to me that the shall issue part is being ignored by sled. With no conviction you never broke any law. Being as you can legally purchase a handgun in this state I would think this arrest would be a non issue. Hope you get it straightened out man.
Sounds like you are on the right track, just a pain in the tuckuss - but keep with it... I was in a similar situation, and had to jump though some hoops, but it's worth it. Don't give up!!!
My Website: Nerd with a .45
I have bought at least 3 handguns and 2 long guns legally where they do the check through the FBI since the incident happened, AND...
I was able to get a Secret Clearance through the Federal Government... I would think that if that arrest was an issue, I would not be able to get my clearance (I have seen strange things happen) and most certainly not be allowed to purchase any guns legally.