Describe how the proceedings of an LA CHP Appeal works

[JB-Christ_Believer]

Can anyone describe how the proceedings of an LA CHP Appeal for denied CHP and how the Administrative Hearing works?
For starters, Is the person appealing allowed to attend, or do you just send information in by certified mail for a the formal review? Is a person allowed to present artifacts at the hearing as part of the appeal? Do people typically attend by themselves or do they try to get a lawyer to represent them or a laser to be present with them? Is there an air of reasonability to these proceedings or do people tend to get shut down and denied the appeal? Does anyone know the statistics on denied appeals for denied CHP in comparison to approved appeals? Are things like character references or other accomplishments helpful to bring with to the hearing?
I'm most interested in how the proceedings work, admissible information, and protocols. I may inquire about the specific situation at a later date. I'm looking forward to seeing what feedback is received based on the questions above! Much obliged.

 

[JBP55]

I think you will be hard pressed to find many people on Bayou Shooter that can not get a Louisiana CHP.

 

[Jstudz220]

Like jbp said it probably will be hard to find first hand knowledge of that here. Maybe try contacting a lawyer or the state to get more info.

 

[JB-Christ_Believer]

I've already had two unhelpful respondents. If you have help, that is the type of response I'm looking for. Thanks for all (30+ views) that have no help and did not respond. I look forward to the help this forum might bring, but if not, that's fine too. Thanks!

 

[Bigchillin83]

Are things like character references or other accomplishments helpful to bring with to the hearing?

im sure they dont care one bit about the above.... other than that im not sure... If you have been arrested, even expunged, cleared, erased, deleted, family friend fixed it, you better have paperwork or min. of court to cover it, theres no getting by on any of that..... i have never had a issue as long as i submitted the correct supporting paperwork... If you can get sombody on the phone for the LSP CHP dept they are usually very helpful and im sure can answer all your questions

 

[JBP55]

I've already had two unhelpful respondents. If you have help, that is the type of response I'm looking for. Thanks for all (30+ views) that have no help and did not respond. I look forward to the help this forum might bring, but if not, that's fine too. Thanks!

Why are you giving Negative Feedback to anyone that gives you an honest answer to your question?
What a negative way to start your journey on Bayou Shooter Christ Believer.

 

[lesgeaux]

Casting the first stone?

 

[sksshooter]

I've already had two unhelpful respondents. If you have help, that is the type of response I'm looking for. Thanks for all (30+ views) that have no help and did not respond. I look forward to the help this forum might bring, but if not, that's fine too. Thanks!

so you joined a forum to ask for free legal advice. you are mad that you haven't immediately got the answer you want. pretty decent indication of a lack of decision making skills and quick escalation. seems like your denial may have been a good call by whomever made that decision.

 

[Peacemaker]

The fella was asking a specific question and a few here said, nah, we aint a pack of losers that can't get a CHP in Lousiana BOY!

At least that's how I read it.

What's the guy supposed to do?

 

[JBP55]

The fella was asking a specific question and a few here said, nah, we aint a pack of losers that can't get a CHP in Lousiana BOY!

At least that's how I read it.

What's the guy supposed to do?

He should not be giving Negative Feedback to any answer he did not like. He may have gotten better information if he said why he was denied.

 

[Jstudz220]

I've already had two unhelpful respondents. If you have help, that is the type of response I'm looking for. Thanks for all (30+ views) that have no help and did not respond. I look forward to the help this forum might bring, but if not, that's fine too. Thanks!

Did you really leave me negative feedback as a “buyer” because I gave you an answer you didn’t like? You may want to read the forum rules and learn how things work around here. Don’t get salty with us because you can’t legally own guns and get a carry permit.

 

[Jstudz220]

Why are you giving Negative Feedback to anyone that gives you an honest answer to your question?
What a negative way to start your journey on Bayou Shooter Christ Believer.

He gave me negative feedback as well as a “buyer”
I guess he plans on paying us for our answers maybe?

 

[sksshooter]

The fella was asking a specific question and a few here said, nah, we aint a pack of losers that can't get a CHP in Lousiana BOY!

At least that's how I read it.

What's the guy supposed to do?

seems pretty clear to me, but then again i have no legal troubles preventing me from owning or carrying. normally attorneys are the best bet for legal advice vs random people on the internet.

 

[Peacemaker]

seems pretty clear to me, but then again i have no legal troubles preventing me from owning or carrying. normally attorneys are the best bet for legal advice vs random people on the internet.

I agree... He could have used many tools to help resolve issues he might have. It's a good topic for discussion and some amusement which is why I chimed in. I hope I don't get negatory feedback.

I don't see how he can do that as far as marketplace feedback goes?

 

[lesgeaux]

There you go guys, exacerbating the situation by using gender specific pronouns.

 

[gwpercle]

I've already had two unhelpful respondents. If you have help, that is the type of response I'm looking for. Thanks for all (30+ views) that have no help and did not respond. I look forward to the help this forum might bring, but if not, that's fine too. Thanks!

I'm Sorry I read your post , I thought I might be able to help but honestly I have no experience in your exact situation .
No harm was intended , I'm sorry to have bothered you .
Gary

 

[swampfoxx]

I am 68, and I had a minor skirmish with the law when I was 18 (criminal mischief). Went to court, plead guilty, received a suspended sentence under Article 894, and served unsupervised probation for one year. To get my CHP, I had to go to the EBRP court archives and have them look up my case and make a copy of the court proceedings with adjudication, and submit that with my application. I have a digital copy, and I have to resubmit it every time I renew.

 

[frankinola]

See pages 31-32 of the LSP rules and regulations:

http://www.lsp.org/pdf/chRuleBook.pdf

Utilize the informal proceeding first as per the rules, providing all documentation and facts to support your claim that you should not be denied. You may want to consult with an criminal attorney to insure that you are providing the correct information to support your appeal. It is facts that win on appeal not artifacts. You can request the formal adminstrative hearing if the informal rules against but make sure you have an attorney who understands criminal law for the formal appeal. The permit process is a matter of law and facts, so having a criminal lawyer would be a good things because they should be able to understand the presentation of facts to law - character witness or letters will not hold much weight. In matters of this type it is the facts of why you were denied and what material do you have to show that LSP did not have the full factual information. Example: if you had a felony/misdemeanor conviction and was granted an Article 893/894 with an expungement (which should have been provided with your application and they will deny your application because you failed to follow directions). They can deny if you failed to provide the required information. If you only had a 1st offender pardon then you need an expungement if the offense qualifies. If a finding of not guilty by reason of insanity or incompetent to stand trial or judicial commitment then you would need to provide the court finding under LA RS 28:57 that you are no longer a threat and your firearm rights are restored. If there is a protective order or permanent injunction in place then you would need to provide a dissolve or dismissal of the order.

 

[Bigchillin83]

See pages 31-32 of the LSP rules and regulations:

http://www.lsp.org/pdf/chRuleBook.pdf

Utilize the informal proceeding first as per the rules, providing all documentation and facts to support your claim that you should not be denied. You may want to consult with an criminal attorney to insure that you are providing the correct information to support your appeal. It is facts that win on appeal not artifacts. You can request the formal adminstrative hearing if the informal rules against but make sure you have an attorney who understands criminal law for the formal appeal. The permit process is a matter of law and facts, so having a criminal lawyer would be a good things because they should be able to understand the presentation of facts to law - character witness or letters will not hold much weight. In matters of this type it is the facts of why you were denied and what material do you have to show that LSP did not have the full factual information. Example: if you had a felony/misdemeanor conviction and was granted an Article 893/894 with an expungement (which should have been provided with your application and they will deny your application because you failed to follow directions). They can deny if you failed to provide the required information. If you only had a 1st offender pardon then you need an expungement if the offense qualifies. If a finding of not guilty by reason of insanity or incompetent to stand trial or judicial commitment then you would need to provide the court finding under LA RS 28:57 that you are no longer a threat and your firearm rights are restored. If there is a protective order or permanent injunction in place then you would need to provide a dissolve or dismissal of the order.

yup!!! what he said, i just dumbed it down to Livingston parish standards

 

[frankinola]

if you are prohibited under
The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• 
  who is a fugitive from justice;
  
• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
• who has been adjudicated as a mental defective or has been committed to any mental institution;
  
  
• who is an illegal alien;
  
• who has been discharged from the Armed Forces under dishonorable conditions;
  
• who has renounced his or her United States citizenship;
• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
  
• who has been convicted of a misdemeanor crime of domestic violence.

or convicted under 14:2 - crimes of violence you will need a governor's pardon which states your firearm rights are restored.