Bailey Guns
01-06-2010, 10:38
From the CSSA:
Dear CSSA Member,
A note from our President, Tony Fabian, which will interest you:
COURT OF APPEALS RULES SHERIFFS OWE CCW APPLICANTS DUE PROCESS
The Colorado Court of Appeals has reversed an Arapahoe County District Court’s affirmation of a sheriff’s refusal to reinstate a suspended concealed handgun permit. In Copley v. Robinson, case no. 09CA469, the COA ruled that the Arapahoe County Sheriff did not provide the appellant, Robert Copley, sufficient procedural due process in denying his application for reinstatement after his concealed carry permit was suspended due to a criminal charge that was later dismissed. The COA ruled that the Arapahoe County District Court erred by affirming the sheriff’s denial even after remanding the case to the sheriff for him to make specific findings of fact upon which he based his decision. The COA ruled that, when persons request an administrative review/hearing with a sheriff after initial denial of a concealed carry permit, the sheriff must provide the applicant with an opportunity to review adverse evidence/witnesses and to confront such evidence/witnesses at hearing. It is insufficient to provide only a generalized basis for denial of the application; an applicant must be given specific information about witnesses and evidence upon which the sheriff is basing his decision and the applicant must be given an opportunity to confront and challenge said witnesses and evidence.
This ruling is important because it affirms the intent of the concealed carry law that any denial of a concealed carry permit must be based on specific evidence/information and not be a subjective or arbitrary conclusion based on speculation or supposition, and that any such denial must be so reasonably based as to withstand the fair and unbiased review of a court of law.
Sincere Regards,
Tim R. Brown
Legislative Director
Colorado State Shooting Association
Dear CSSA Member,
A note from our President, Tony Fabian, which will interest you:
COURT OF APPEALS RULES SHERIFFS OWE CCW APPLICANTS DUE PROCESS
The Colorado Court of Appeals has reversed an Arapahoe County District Court’s affirmation of a sheriff’s refusal to reinstate a suspended concealed handgun permit. In Copley v. Robinson, case no. 09CA469, the COA ruled that the Arapahoe County Sheriff did not provide the appellant, Robert Copley, sufficient procedural due process in denying his application for reinstatement after his concealed carry permit was suspended due to a criminal charge that was later dismissed. The COA ruled that the Arapahoe County District Court erred by affirming the sheriff’s denial even after remanding the case to the sheriff for him to make specific findings of fact upon which he based his decision. The COA ruled that, when persons request an administrative review/hearing with a sheriff after initial denial of a concealed carry permit, the sheriff must provide the applicant with an opportunity to review adverse evidence/witnesses and to confront such evidence/witnesses at hearing. It is insufficient to provide only a generalized basis for denial of the application; an applicant must be given specific information about witnesses and evidence upon which the sheriff is basing his decision and the applicant must be given an opportunity to confront and challenge said witnesses and evidence.
This ruling is important because it affirms the intent of the concealed carry law that any denial of a concealed carry permit must be based on specific evidence/information and not be a subjective or arbitrary conclusion based on speculation or supposition, and that any such denial must be so reasonably based as to withstand the fair and unbiased review of a court of law.
Sincere Regards,
Tim R. Brown
Legislative Director
Colorado State Shooting Association