Lawyer Up or Go Political?

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Firearms and license were surrendered as part of a criminal investigation. All charges were reduced, then dismissed during a jury trial, and a letter requesting reinstatement was sent to the town's Chief of Police shortly thereafter. Verbal denial of the request was given by the town's licensing officer and a request for a written reason for denial was refused.

The reason given for the refusal was the result of a statement by the complainant during an interview with the police regarding an unreported, unrelated incident.

So, I'm seeking advice from the board's brain trust. Would it be worthwhile to go before the town council and involve the region's state Representative, or would it be better to retain a lawyer to take next steps in (hopefully) securing reinstatement?

Thanks in advance!
 
Don't divulge any further details here.

Contact comm2a.org, follow their advice and get a lawyer.
 
First off, an exercise in precision would be in order. Were the charges "dismissed" during a jury trial (something generally done by the prosecution), or were you found not guilty after jury deliberations?

If you are willing to discuss all aspects of the case, please contact Comm2a ([email protected]). We are always interested in cases that will set a precedent regarding due process, but it takes the right balance of abuse by the issuing authority and lack of "baggage" on the part of the plaintiff (basically stuff that makes te applicant look like a dirtbag to a court we are trying convince that your constitutional rights were violated).

I can't guarantee you Comm2A will consider your case suitable (gee, I hate that word), but we will look it and have the strategy team discuss it.
 
Thanks for the response, Rob. For obvious reasons, my post was scant of detail. I will follow-up at the email address you provided.

In regard to your question, the jury deliberations resulted in a Not Guilty finding.

Best regards!
SY
 
In regard to your question, the jury deliberations resulted in a Not Guilty finding.
I am personally very interested in cases where someone's rights are denied due to a not guilty finding. The issuing authority seems to recognize this issue by using the pretext of a separate, un-ajudicated issue, for the denial which, of course, creates a barrier when a district court would accept the pretext and uphold the denial.

My guess is that the only decent shot is a federal case.
 
In the Simkin case, the SJC stated "...a license holder’s conduct need not constitute a violation of the law ... in order to form the basis for a revocation on unsuitability grounds, the bureau’s discretion to make a suitability determination is not without limits. A revocation will be overturned as arbitrary or capricious where “no reasonable ground” exists to support it." (The case is currently under appeal.)

In other words, a CoP can do whatever he wants but a court can undo it if CoP is
arbitrary or capricious and you need an atty for that process.
 
Firearms and license were surrendered as part of a criminal investigation. All charges were reduced, then dismissed during a jury trial, and a letter requesting reinstatement was sent to the town's Chief of Police shortly thereafter. Verbal denial of the request was given by the town's licensing officer and a request for a written reason for denial was refused.

The reason given for the refusal was the result of a statement by the complainant during an interview with the police regarding an unreported, unrelated incident.

So, I'm seeking advice from the board's brain trust. Would it be worthwhile to go before the town council and involve the region's state Representative, or would it be better to retain a lawyer to take next steps in (hopefully) securing reinstatement?

Thanks in advance!

Liberty and justice for all....my ass!!
 
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