Ramsey co taking longer than 30 days to
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wtfgh
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Post subject: Ramsey co taking longer than 30 days to Posted: Tue May 27, 2008 6:54 pm |
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Joined: Tue May 27, 2008 5:45 pm Posts: 3
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Its been 6 weeks for my renewal.
I called today to ask why, she told me it was done but they have not mailed it.
I asked her when she said when they get to it.
I asked if they were holding it back, no they are just busy.
Then she said your renewal date is not untill june 24th you will get it then.
I said I thought you had 30 days to issue, she said just for denial.
My friend in Washington co got his in 2 weeks.
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hypertech
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Post subject: Posted: Tue May 27, 2008 7:05 pm |
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Joined: Sun Nov 26, 2006 10:40 pm Posts: 363
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Well, I suppose they are right that they only have to reply in 30 days for denials.
I believe even renewals are issued if not denied in 30 days. So, the fact that they are renewing yours but being lazy about it could possibly be inside the letter.
That's a pretty stinky tactic if you ask me.
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Andrew Rothman
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Post subject: Re: Ramsey co taking longer than 30 days to Posted: Tue May 27, 2008 7:08 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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wtfgh wrote: Its been 6 weeks for my renewal. <...> Then she said your renewal date is not untill june 24th you will get it then. I said I thought you had 30 days to issue, she said just for denial. hypertech wrote: Well, I suppose they are right that they only have to reply in 30 days for denials. Nope. She's wrong. http://www.revisor.leg.state.mn.us/stat ... .624.714.7Quote: 624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES. <...> Subd. 7. Permit card contents; expiration; renewal. <...> (c) A permit to carry a pistol issued under this section expires five years after the date of issue. It may be renewed in the same manner and under the same criteria which the original permit was obtained, subject to the following procedures: (1) no earlier than 90 days prior to the expiration date on the permit, the permit holder may renew the permit by submitting to the appropriate sheriff the application packet described in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct cost of processing the application or $75, whichever is less. Of this amount, $5 must be submitted to the commissioner and deposited into the general fund. The sheriff must process the renewal application in accordance with subdivisions 4 and 6;
http://www.revisor.leg.state.mn.us/stat ... .624.714.6Quote: Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days after the date of receipt of the application packet described in subdivision 3: (1) issue the permit to carry; (2) deny the application for a permit to carry solely on the grounds that the applicant failed to qualify under the criteria described in subdivision 2, paragraph (b); or (3) deny the application on the grounds that there exists a substantial likelihood that the applicant is a danger to self or the public
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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hypertech
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Post subject: Posted: Tue May 27, 2008 7:15 pm |
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Joined: Sun Nov 26, 2006 10:40 pm Posts: 363
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I know that's what the law says, but what's the penalty for sitting on all the approved applications till, say 45 days.
Basically they are saying, we issued your permit, but we haven't gotten around to printing and mailing it yet.
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rebby
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Post subject: Re: Ramsey co taking longer than 30 days to Posted: Tue May 27, 2008 7:39 pm |
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Joined: Mon May 29, 2006 9:23 pm Posts: 31 Location: Hugo, MN
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wtfgh wrote: Its been 6 weeks for my renewal. My friend in Washington co got his in 2 weeks.
I got mine from Wash in 7 days. I dropped it off on a Friday at about 4:50pm and it was waiting for me in my mailbox on the next Friday.
_________________ Curt Rebelein, Junior
http://rebby.com
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Andrew Rothman
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Post subject: Posted: Tue May 27, 2008 7:40 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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There are no penalties against the sheriff prescribed in law, but he IS obligated to mail the permit right away:
Quote: (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the applicant by first class mail unless personal delivery has been made
The sheriff's failure to do so is not a crime, but it is an actionable tort.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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lcbowen3
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Post subject: Posted: Tue May 27, 2008 7:52 pm |
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Joined: Tue Apr 15, 2008 12:18 pm Posts: 21
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Ah, but it doesn't say WHEN the sheriff needs to mail the permit, only that it must be sent by first class mail or hand delivered. Even though the implication is there, the language is not. Trust the sheriff to find every possible loophole they can wiggle through.
Now if the law had read "must provide a laminated permit card to the applicant by first class mail IMMEDIATLY ON ISSUANCE" then you might have a case.
Clay
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mnlitig8r
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Post subject: Posted: Tue May 27, 2008 8:04 pm |
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Senior Member |
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Joined: Wed Jul 11, 2007 5:30 pm Posts: 180 Location: Twin Cities
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This is yet another example of the Ramsey County Sheriff's Office thumbing its nose at the very laws it is sworn to uphold. With each passing day I understand more and more why the Ramsey County Board sought to make the Ramsey County Sheriff the only sheriff in the state to be appointed rather than elected.
That said, I have to agree that the general rule of thumb in the law is "no harm, no foul." Sure, a renewal applicant could go to court and seek an order compelling the Sheriff to follow the law, but I'm guessing that by the time that occurred the permit would be conveniently received. The real test case will be a renewal applicant who is denied past the 30 days the statute so clearly sets at the deadline. Absent that, what are the damages suffered by the renewal applicant other than frustration?
What we really need is for Ramsey County residents to contact their elected County Board members to complain about the Sheriff's conduct. The County Board controls the purse strings of the Sheriff's Office, and perhaps if they understand that Sheriff Fletcher's unwillingness to follow the law is costing Ramsey County's taxpayers more and more money with each passing day (and probably close to $10,000 just last week in attorney's fees for wrongfully-denied applicants), they'll cut off the funding for the office until he finally gets the message.
_________________ "We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job – our sworn duty as criminal defense lawyers – to protect our clients from those people." -- Cynthia Rosenberry, a DePaul University law professor, criminal defense attorney and founding member of the Georgia Innocence Project
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TeamSpringFieldXD
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Post subject: Posted: Tue May 27, 2008 9:40 pm |
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Senior Member |
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Joined: Wed May 14, 2008 8:28 pm Posts: 273 Location: Rosemount, MN
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Andrew Rothman wrote: There are no penalties against the sheriff prescribed in law, but he IS obligated to mail the permit right away: Quote: (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the applicant by first class mail unless personal delivery has been made The sheriff's failure to do so is not a crime, but it is an actionable tort.
I just don't like that ..he supposed to but if he doesn't its still ok?? Who makes these laws? good thing is he's an elected official (at least in dakota he is so i imagine he is there) So he loses votes everyday he delays!!
_________________ "Ours was the first revolution in the history of mankind that truly reversed the course of goverment with three little words 'We The People'. We the people tell the government what to do, It doesn't tell us."
The Late Great Ronald Reagan
"It is the mark of an educated mind to be able to entertain a thought without accepting it."
-Aristotle
Campus Leader-IHCC
Students for Concealed Carry on Campus
www.concealedcampus.org
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Dick Unger
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Post subject: Posted: Wed May 28, 2008 12:43 am |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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When I brought my renewal in today, the Sheriff said the background check only takes 2 minutes on his computor, but the mental health form is taking about a week and a half. He has to send it to the State, and apparently, things are not computerized at that level.
Except for that he would have done it while I stood and visited with him.
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gungirl29
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Post subject: Chill out Posted: Wed May 28, 2008 8:22 am |
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Joined: Wed May 28, 2008 7:26 am Posts: 15
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I just got my renewal permit after 6 weeks but well before my permit expired. If you are responsible enough and get your stuff in advance there shouldn't be an issue. I had spoken with someone at RC and they informed me that aside from Hennepin County, they are leading in numbers of applicants and have half the staff of most other major counties. The people I dealt with there were extremely helpful and informative, I find it hard to believe they are just messing with applicants. They told me too that the Human Services checks required by law are backed up and those alone may take around 2 weeks to get back and that RC is known for doing extensive backgrounding on applicants. I'm not sure about you all but if I see someone carrying in public I would like to know that they were thoroughly looked into and not just filled out a piece of paper to be allowed to carry. The laws requirements for backgrounding aren't that extensive, I appreciate Sheriff Fletcher seeing the imortance on going above and beyond to ensure the community is as safe as possible. To me, it is worth them taking a little more time to know that the permit holders will be safe and responsible. I can certainly handle waiting an extra week or two for that.
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joelr
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Post subject: Re: Chill out Posted: Wed May 28, 2008 8:33 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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gungirl29 wrote: I just got my renewal permit after 6 weeks but well before my permit expired. If you are responsible enough and get your stuff in advance there shouldn't be an issue. I had spoken with someone at RC and they informed me that aside from Hennepin County, they are leading in numbers of applicants and have half the staff of most other major counties. The people I dealt with there were extremely helpful and informative, I find it hard to believe they are just messing with applicants. Well, there's no requirement that you believe it, but at least one of the regular posters here not only believes it, but has demonstrated it -- in court, and repeatedly, on behalf of his clients. Quote: They told me too that the Human Services checks required by law are backed up and those alone may take around 2 weeks to get back and that RC is known for doing extensive backgrounding on applicants. Actually, they're pretty lazy. In at least several cases (I'm betting it's more, lots more), the "extensive backgrounding" consists of Rossman running a quickie computerized check, then cutting and pasting from a previous denial letter (whether or not the alleged facts of the previous denial have any relationship to the present denial, or anything else), and then using the "administrative appeal" process to further abuse his authority. Quote: I'm not sure about you all but if I see someone carrying in public I would like to know that they were thoroughly looked into and not just filled out a piece of paper to be allowed to carry. The laws requirements for backgrounding aren't that extensive, I appreciate Sheriff Fletcher seeing the imortance on going above and beyond to ensure the community is as safe as possible. To me, it is worth them taking a little more time to know that the permit holders will be safe and responsible. I can certainly handle waiting an extra week or two for that. And that's fine; how long you're comfortable with demonstrably incompetent authorities violating the law when it comes to your situation is entirely your affair.
I'm not at all happy about those folks who have taken an oath to enforce the laws not only failing to do so, but chasing the laws down a back alley, yanking down the laws' pants, and buggering them.
_________________ Just a guy.
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jaysong
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Post subject: Re: Chill out Posted: Wed May 28, 2008 8:45 am |
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Joined: Mon Dec 11, 2006 12:09 am Posts: 983 Location: Brewster
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gungirl29 wrote: I'm not sure about you all but if I see someone carrying in public I would like to know that they were thoroughly looked into and not just filled out a piece of paper to be allowed to carry.
First of all, Welcome gungirl29.
I disagree on the throughly looked into part. I believe the 2nd amendment is what protects our God given right to self preservation. No permit or background check should be required. Do you really think the evil ones of this world will bother with or care about the law
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joelr
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Post subject: Re: Chill out Posted: Wed May 28, 2008 8:52 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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jaysong wrote: gungirl29 wrote: I'm not sure about you all but if I see someone carrying in public I would like to know that they were thoroughly looked into and not just filled out a piece of paper to be allowed to carry. First of all, Welcome gungirl29. I'll second that.
Beyond that, I think that everybody -- even Bob Fletcher, Ernesto Miranda, Ken Jones, Jeffrey Dahmer and Ed Gein -- should have somebody advocating on their behalf, and it's often hard to find somebody who is willing to do that for some folks.
_________________ Just a guy.
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gungirl29
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Post subject: Posted: Wed May 28, 2008 8:59 am |
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Joined: Wed May 28, 2008 7:26 am Posts: 15
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Maybe evil people won't follow the law, but should the Sheriff's department make it easy for them and just hand out gun permits to anyone that wants them just because they CAN have them? I COULD drive with my feet on the steering wheel, but it doesn't exactly make it a good idea.
You can disagree with whatever you want, but the fact of the matter is the people that work in law enforcement are required to do extensive background checks. You don't do their jobs everyday, so it is easy for you to sit at home on your computer and talk about how things should be done. If it is that much of a problem for you, write to your congressman and see if you can get things changed.
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