Help needed in filing an appeal...

[Texasgrillchef]

According to Arizona law if I am denied an Arizona LTC, I can file an appeal under Title 46 Chapter 6 Article 10.

However, even after reading Title 46, Chapter 6 Article 10 it doesn’t really say where or how to file the appeal.

My other question, is if I don’t appeal, can I just reapply? I don’t see anything in Arizona Law that doesn’t say I can’t apply again?

Sadly I am out of state (Texas). So I have do all of this through phone calls, emails and snail mail.


Background info...

Live in Texas, I have LTC’s for my home state of Texas, New Hampshire and Maine. I have applied for LTC’s from Florida, Utah, Illinois, and Connecticut. I know I have been approved for Florida, & Utah and waiting on them in the mail. I have also just been approved for a Type 3 C&R FFL. As well as just been approved with the ATF for 4 separate NFA items. Needless to say I have passed multiple background checks and am legal to own, buy and carry firearms.

Here is why I was denied. An arrest that I had back in 1990 has since been expunged/pardoned in Oklahoma. However for some reason that arrest was never removed from the Oklahoma OSBI report or FBI report. So when they pulled that record from the FBI on November 16th it showed the arrest but no disposition. So they requested further documentation. I sent them a copy of the expungment/pardon order. I also contacted my lawyer who promptly had Oklahoma OSBI report and FBI report corrected. (Arrest record removed). I then sent the updated copies of the reports to the same person that requested disposition papers and who I sent the expungment/pardon order too.

They contacted me today, told me they pulled another FBI report and it showed the item removed, however they still need a copy of the original disposition because it showed on the INCORRECT FBI report. And thus denied my application. Even though the entry was incorrect, and the disposition of the case was expunged/pardoned.

Texas, Utah, Florida and the ATF for both the FFL and NFA items all accepted the Expungment/pardon paperwork. NH and Maine didn’t request it, and was approved apparently with just the arrest with no disposition listed on the FBI report.

 

[QuietM4]

Maybe you should try contacting the people who actually issue the permits, not random people on the internets.

https://www.azdps.gov/services/public/cwp

 

[Suck My Glock]

I do not seek to dissuade you from seeking the Arizona permit;...but are you aware that Arizona is a state that does not REQUIRE the permit to carry concealed? If you are merely seeking to be able to legally carry your weapon concealed while visiting here, you will still be able to do so even without the permit.

 

[Texasgrillchef]

I do not seek to dissuade you from seeking the Arizona permit;...but are you aware that Arizona is a state that does not REQUIRE the permit to carry concealed? If you are merely seeking to be able to legally carry your weapon concealed while visiting here, you will still be able to do so even without the permit.

Yes, I know Arizona is a Constitutional permit-less carry state, as well as they recognize and honor for reciprocity purposes my LTC from Texas, and once received they will also honor Utah, Florida and Illinois.

However, under the current political turmoil going on currently in our country, reciprocity laws in various states could change.

In fact in my own state of Texas, a democrat house representative has filed a bill to deny LTC reciprocity to all other 49 states. Thankfully we remained a red state, and it won’t pass the house, or the senate, and the Governor will veto the bill. (So he claims)

Several other states have similar bills filled, as well as state AG and Governors are attempting to overturn reciprocity agreements.

So I am attempting to get as many LTC’s as possible for redundancy if certain states decide to change which states LTC’s they will honor and recognize.

Redundancy isn’t a bad thing.

There is also the point, that if one should loose their LTC card. You are not allowed to carry (in many states including Texas) till you have a replacement issued. However, if you also have a LTC from a state that Texas recognizes and Honors, you can continue to carry on that other states LTC until which time Texas has re-issued you a replacement. Thus if I lose or misplace my Texas LTC, I can carry on the AZ LTC, or Utah, or Florida, or Illinois once I have those in my hands. Texas does not recognize CT, NH, or Maine.

 

[Texasgrillchef]

Maybe you should try contacting the people who actually issue the permits, not random people on the internets.

https://www.azdps.gov/services/public/cwp

I attempted that, but I have not received any guidance or help from them in this matter at all.

 

[xerts1191]

Anybody have the name of the 2ndA friendly attorneys in Phoenix that were brought up in some former discussions

 

[TheAccountant]

Title 46 relates to welfare. I think you want title 41. Regardless, appeals are handled by the arizona office of administrative hearings. I would contact them to see what you need to do, as I'm sure things are a little wonky right now due to the 'vid.

 

[Texasgrillchef]

Title 46 relates to welfare. I think you want title 41. Regardless, appeals are handled by the arizona office of administrative hearings. I would contact them to see what you need to do, as I'm sure things are a little wonky right now due to the 'vid.

Oops! My bad you are correct! It is Title 41, chapter 6, article 10. Typo! I am so used to Texas law. Which in Texas is title 46. Lol but yes you are correct.

 

[Texasgrillchef]

Anybody have the name of the 2ndA friendly attorneys in Phoenix that were brought up in some former discussions

I have actually found a lawyer in Phoenix that specializes in Firearms laws and 2nd amendment rights, who is able to help with the appeal with me residing in Texas. I won’t even have to make a special trip to Arizona.

 

[xerts1191]

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