Letter of Appeal of Revocation - Page 2
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Thread: Letter of Appeal of Revocation

  1. #11
    Quote Originally Posted by Jake View Post
    I live in Colorado. I was told it is discretionary. I'll check further.

    I agree, I don't want to ramble on and I prefer not to ask for permission. I'm looking for the words to complete my letter in a firm yet suave tact.

    Thanks for the advice.

    I'll look into my local resources.
    http://www.michie.com/colorado/lpext...main-h.htm&cp=
    18-12-207. Judicial review - permit denial - permit suspension - permit revocation.










    (1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.








    (2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure.








    (3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.










    Source: L. 2003: Entire part added, p. 644, 1, effective May 17

    http://www.michie.com/colorado/lpext...main-h.htm&cp=
    (c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.










    Source: L. 2003: Entire part added, p. 638, 1, effective May 17. L. 2004: (1)(g) amended, p. 1198, 52, effective August 4. L. 2008: (1)(e)(II) amended, p. 426, 27, effective August 5.











    ANNOTATION









    Plaintiff whose felony conviction in another state was set aside under that state's law and who was entitled to possess a handgun under that state's law was entitled to possess a handgun under 18-12-108 and was entitled to a concealed handgun permit under this section. Seguna v. Maketa, 181 P.3d 399 (Colo. App. 2008).


    The people think the Second Amendment protects their rights;
    Government sees an obstacle to be over-come.
    NRA Life since 1966

  2.   
  3. The letter is important, but it is also really important to use this time to remember that I can "be in the wrong place at the wrong tme" and still make the right decision. I would get an attorney to write the letter and ask him or her about whether or not they think you should co-sign the letter. But I go back to my original point in that more important than the letter is for you to think about what happened and what alternatives (if any) you may have had which would have kept you out of this mess.

  4. #13
    Join Date
    Dec 2009
    Location
    Minnesota
    Posts
    1,429
    I am confused.
    You stated your permit was revoked, and the charges were dropped. You were never convicted.
    According to:
    (3) (a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.

    If you were convicted the Sheriff will revoke your permit in accordance with section one, felony conviction.

    If you were just arrested, the Sheriff should of suspended your permit per:

    (b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.

    The Sheriff would of sent you his reasons under:

    (c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

    If what you say is true, write the Sheriff a letter asking for your permit to be re-instated. State you are not a danger, and you have not been convicted of a felonly. If the Sheriff does not see it that way, then find an attorney. The lawyer can file under the following and collect fee's for his services.

    (c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.
    18-12-207. Judicial review - permit denial - permit suspension - permit revocation.

    (1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.

    (2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure.

    (3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.

    Best of luck to you.

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