Restoring Gun Rights: How Apex Law Won a Firearm Permit Appeal in Alabama

When a Madison County resident lost his Alabama concealed-carry permit, the consequences went beyond losing a piece of paper. The revocation threatened a fundamental constitutional right: the right to bear arms. Apex Law stepped in to challenge the decision, ensuring that legal standards, not assumptions or unproven allegations, determined the outcome.

This case highlights how careful legal analysis and a clear understanding of firearm laws can protect individual rights. It also shows the importance of judicial review in cases where permits are revoked without proper legal basis.

Page 1 of the Court’s Order restoring our client’s gun rights.

Page 2 of the Court’s Order restoring our client’s gun rights.

Understanding the Legal Framework for Firearm Permit Revocation and Gun Rights

In Alabama, the law provides specific protections for individuals whose firearm permits (gun rights) are revoked. Under Ala. Code § 13A-11-75(c)(3), anyone whose pistol permit is revoked has the right to appeal the decision in court. This statute places the burden on the Sheriff’s Office to prove by clear and convincing evidence that the revocation is justified.

The key legal question in this case was whether the client’s prior conduct or alleged offenses legally prohibited him from possessing a firearm. Alabama’s “Certain Persons” statute, Ala. Code § 13A-11-72, restricts firearm possession only for individuals convicted of specific misdemeanor crimes of domestic violence. These crimes must include the use or attempted use of physical force or the threatened use of a deadly weapon.

Federal law aligns with this standard. Under 18 U.S.C. § 921(a)(33)(A), a misdemeanor crime of domestic violence must involve physical force or a threat with a deadly weapon to qualify as a firearm possession prohibition.

The Client’s Situation: Allegations vs. Legal Standards

The Sheriff’s Office revoked the client’s permit based on allegations that did not result in a qualifying conviction. Apex Law carefully reviewed the facts and found:

1. No evidence of physical violence was presented.

2. There was no threatened use of a deadly weapon.

3. No qualifying restraining order under 18 U.S.C. § 922(g)(8) existed.

4. The client had no final conviction that prohibited firearm possession under Alabama or federal law.

   
   

Because the allegations lacked the necessary elements defined by law, the revocation did not meet the legal standard required to deny or revoke the permit.

The Appeal Process and Court Decision

Apex Law filed an appeal under Ala. Code § 13A-11-75(j), which requires the Sheriff to prove by clear and convincing evidence that firearm possession would be unlawful. This is a high standard designed to protect constitutional rights.

During the appeal, the court examined the evidence closely. The District Court found that the Sheriff’s Office failed to meet its burden of proof. The judge ruled that the evidence did not establish that the client was prohibited from possessing a firearm.

This decision restored the client’s concealed-carry permit and reaffirmed the principle that accusations alone cannot override legal protections.

Why This Case Matters for Firearm Permit Holders

This case serves as a clear example of how legal protections work in practice:

1. Judicial review is essential: It ensures that permit revocations are not based on assumptions or incomplete information.

2. Burden of proof lies with authorities: The Sheriff must provide clear and convincing evidence before revoking a permit.

3. Legal definitions are precise: Not every allegation or misdemeanor bars firearm possession; the law requires specific elements like physical force or threats.

4. Rights can be restored: When the law is applied correctly, individuals can regain their firearm permits and constitutional rights.

   
   

Practical Tips for Firearm Permit Holders Facing Revocation

If you face a permit revocation, consider these steps:

1. Seek legal advice from Apex Law immediately: An experienced attorney can help you understand your rights and the appeal process.

2. Gather evidence: Documentation that disproves allegations or shows lack of qualifying convictions is crucial.

3. Understand the law: Knowing the specific legal standards that apply to firearm possession can strengthen your case.

4. File an appeal promptly: Timely action is necessary to ensure your case is heard in court.

   
   

Restoring a firearm permit is not just about regaining a license; it is about protecting a constitutional right. Apex Law’s victory in this case demonstrates the power of the legal system to uphold justice when laws are applied fairly and accurately.

If you or someone you know faces a similar situation, remember that the law offers protections and a path to appeal. Don’t let assumptions or unproven allegations take away your rights without a fight.