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Old March 15, 2010, 02:03 PM   #1
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Join Date: March 15, 2010
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CPL disqualifier in MI

I am trying to obtain a CPL in the state of Michigan

Here's the problem. A couple years ago I acted like an idiot and got arrested for petty shoplifting, aka 3rd degree retail fraud.

In the MSP's plain english list of disqualifying offenses, only 2nd degree is listed, as a 3-year disqualifier, but the corresponding MCL code includes 3rd degree as a subsection. (subsection 4)

I'm not too sure if I am disqualified due to this. If I am, it would appear that the inclusion of 3rd degree was unintentional, resulting from it being lumped in as a subsection rather than being separated by its own MCL code. Only 2nd degree appears to be an intentional disqualifier.

If this is the case, is there any way to appeal this, and either get the rules revised to remove 3rd degree from the list, or maybe give it some sort of exemption? How do I handle this?
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Old March 15, 2010, 02:12 PM   #2
Brian Pfleuger
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Join Date: June 25, 2008
Location: Western Colorado, finally.
Posts: 19,118
Originally Posted by GPP11
How do I handle this?
Call them and ask?

After that, call a lawyer because the permit office is not likely to be, uh, "fully knowledgeable".

The lawyer will know what to do.

Alternatively, answer all the questions on the application honestly and submit it. If they approve the application, problem solved.
Still happily answering to the call-sign Peetza.
The problem, as you so eloquently put it, is choice.
-The Architect
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.
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Old March 16, 2010, 04:09 AM   #3
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I think you are ok.

That paragraph for 3rd degree retail fraud is a separate paragraph and is for items not worth much.

I don't think you fall under that 3 year prohibition. Maybe contact an attorney though.

ETA: I assume they are citing that MCL statute to just let you know where the 2nd degree retail fraud violation is defined.
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Old March 16, 2010, 10:30 PM   #4
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I don't think you fall under that 3 year prohibition.
I certainly hope you're right. Having to wait another year would suck!
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