Hartford v. Maine Dep't of Pub. Safety

• Court: Superior Court of Maine
• Decided: June 25, 2009
• Docket: KENap-08-56
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION KENNEBEC, ss. DOCKET NO. AP "8-5? . ,.. I

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RONALD HARTFORD,

Petitioner

v. DECISION

MAINE DEPARTMENT OF PUBLIC SAFETY,

Respondent

Introduction

On January 2008, the petitioner applied to the Commissioner of the Department

of Public Safety for a permit to carry a non-concealed firearm by a prohibited person

pursuant to Title 15 M.R.S.A. § 393 (Supp. 2008). The petitioner's application was

denied and the petitioner filed this pending 80C appeal.

The petitioner received a permit to carry a non-concealed firearm by a prohibited

person in 2000. Under the law, he was required to reapply in 2008. Pursuant to

procedures set out in statute, it was necessary for the Department to notify, among

others, the Office of the Attorney General, the sentencing or presiding justice, and the

District Attorney of the county where the petitioner resided.

Following notice being sent out to these entities, the Commissioner received two

objections, one from the Attorney General's Office, and the other from the Chief Justice

of the Superior Court. Both parties objected to the petitioner receiving a firearm permit. 2

Based on this, the Commissioner decided the application explaining, "If, within

30 days of the sending of the notice, any person so notified objects in writing to the

issuance of a permit, none shall be issued."

Standard of Review

This appeal is governed by the provisions of Title 15 M.R.S.A. § 393(5) and 5

M.R.S.A. §§ 11001-11008 and M.R. Civ. P. 80. Petitioner bears the burden of

demonstrating that there is no competent evidence in the record to support the

Commissioner's finding. Seider v. Bd. of Examiners of Psychologists, 762 A.2d 551, 555

(Me. 2000).

Discussion

The statute in this area of firearm permits is very clear. Any permit is valid for

four years and each renewal is subject to the same considerations as an initial

application. There is no provision for renewal based upon a change of circumstances

from the initial application.

Furthermore, the case of Gonzales v. Commissioner, Dep't of Public Safety, 665 A.2d

681 (Me. 1995) makes it very clear that an applicant does not have a property interest in

any permit that he receives. In addition, the Commissioner is mandated to deny an

application if one or more of the entities so notified of the petitioner's request objects in

writing. In this case, the Attorney General's Office and the Chief Justice of the Superior

Court objected.

This case is almost identical to the case of Gonzales v. Commissioner, Dep't of Public

Safety, Id. 3

Based on the holding of the Gonzales case, the court hereby DENIES the

petitioner's SOC appeal and affirms the decision of the Commissioner of Public Safety

denying the petitioner's request for a permit for a non-concealed firearm.

Dated: June:;C ,2009 ~~'-,~ Joseph ~)a[)ar/>/-p Justice, ~j}r(or Court Date Filed 7123/08 Kennebec Docket No. ------'A=P'-'0'-'8'-'--=5=--6.=---- _ County

Action _ _PL-e"""-L-t..... i .... i ...... t .... oLLr---"R.....e-'v'-"i~e~w~ o..un----Lf..... _ 80C J.JABAR

. vs. Maine Department of Public Safety Plaintiff's Attorney Defendant's Attorney Ronald Hartford, Pro Se Lara Nomani AAG 128 Plains Road 6 State House Station Leeds, Maine 04263 Augusta ME 04333-0006

Date of Entry

7/23/08 Complaint/Request for Judicial Review/Appeal, filed. s/Hartford, Pro Se Acknowledgement of Receipt of Summons and Complaint, filed. s/Gomane Application of Plaintiff to Proceed Without Payment of Fees, filed. s/Hartford, Pro Se Indigency Affidavit, filed. s/Hartford, Pro Se 7/24/08 ORDER, Mills, J. It is ORDERED that:the filing fee is waived. The applicant is to attempt service by mail with acknowledgement. Copy to party. 08/05/08 Filed 7/28/08: Entry of Appearance for the Department of Public Safety filed by AAG Nomani 1/23/09 Motion to Accept Late Filing of the Administrative Record, filed. s/ s/Nomani, AAG 1/29/09 ORDER, Jabar, J. Granted by agreement of the parties. Copies mailed to atty./party 3/10/09 NOTICE AND BRIEFING SCHEDULE ISSUED. Mailed to party/atty. 4/10/09 Brief, filed. s/Ronald Hartford, Pro Se Acknowledgment of Receipt of Summons and Complaint, filed. s/AAG 5/5/09 Respondent's Brief, filed. s/Nomani, AAG

5/18/09 Petitioner's Reply to Respondent's Brief, filed. s/Hartford, Pro Se 5/27/09 Letter informing the court that the dept. has no objection to request to waiVe a hearing, filed. s/Nomani, AAG 6/25/09 DECISION, Jabar, J. Ba8~d on th~ holding of th~ Gonzal~8 cas~, th~ court h~rby DENIES th~ p~tition~r's 80C app~al and affirms th~ d~cision of th~ Commission~r of Public Saf~ty d~nying th~ p~tition~r's r~qu~st for a p~rmit for a non­ conc~al~d fir~arm. Copi~s mail~d to attys. of r~cord.