ORDERS:
FINAL ORDER AND DECISION
This matter is before the Administrative Law Court (“ALC” or “Court”) for a final order and decision following a contested case hearing pursuant to S.C. Code Ann. § 23-31-215(D) (Supp. 2006), S.C. Code Ann. §§ 1-23-310 et seq. (2005), and S.C. Code Ann. § 1-23-600(B) (Supp. 2006). Petitioner, Audreia M. Williams (“Petitioner”), applied for a concealed weapon permit pursuant to S.C. Code Ann. §§ 23-31-205 et seq. Respondent South Carolina Law Enforcement Division (“SLED”) denied the application pursuant to § 23-31-215(B). After timely notice to the parties, a hearing in this matter was held on January 15, 2008, at the ALC in Columbia, South Carolina. After carefully weighing all of the evidence, the Court finds that Petitioner’s application for a concealed weapon permit should be denied.
FINDINGS OF FACT
Having carefully considered all testimony, exhibits, and arguments presented at the hearing in this matter, and taking into account the credibility and accuracy of the evidence, I find the following facts by a preponderance of the evidence:
1. Petitioner, Audreia M. Williams, is over the age of twenty-one and a resident of Allendale County, South Carolina.
2. Petitioner seeks a concealed weapon permit for employment reasons. Petitioner is employed part-time at Wilson Income Tax Service, Inc. during the months of January through April. Petitioner typically works from 4:00 p.m until closing time. As a result of the business being robbed the previous year, her employer is requiring that all employees obtain a concealed weapon permit.
3. Petitioner satisfactorily completed a handgun training course in Beaufort County during the summer of 2007.
4. After completing the training course, Petitioner submitted an application for a concealed weapon permit to SLED.
5. As part of the application process, Petitioner is required to answer the following question: “Have you ever plead guilty, been found guilty, paid a fine, forfeited bond, been jailed or placed on probation for any offense?” In response to this question, Petitioner checked the box for “yes.”
6. Upon receiving her application, SLED performed a background check on Petitioner which revealed a criminal record report from the Federal Bureau of Investigation (“FBI”). The report indicated that Petitioner was convicted in 1999 of two counts of Breach of Trust. Petitioner was sentenced to four years, suspended to three years probation and payment of restitution. Petitioner paid the restitution ordered by the court and completed her probation term without any further incidents.
7. Petitioner’s application for a concealed weapon permit was denied by SLED due to her previous convictions.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, I conclude the following as a matter of law:
1. S.C. Code Ann. § 23-31-215(D) (Supp. 2006) and S.C. Code Ann. § 1-23-600(B) (2005) grant jurisdiction to this Court to hear this contested case.
2. The standard of proof in proceedings before the ALC is a preponderance of the evidence. Anonymous v. State Bd. of Med. Exam’rs, 329 S.C. 371, 496 S.E.2d 17 (1998).
3. The weight and credibility assigned to evidence presented at the hearing of a matter is within the province of the trier of fact. See S.C. Cable Television Ass’n v. S. Bell Tel. & Tel. Co., 308 S.C. 216, 222, 417 S.E.2d 586, 589 (1992). Furthermore, a trial judge who observes a witness is in the best position to judge the witness’s demeanor and veracity and to evaluate the credibility of his testimony. See, e.g., Woodall v. Woodall, 322 S.C. 7, 10, 471 S.E.2d 154, 157 (1996); Wallace v. Milliken & Co., 300 S.C. 553, 556, 389 S.E.2d 448, 450 (Ct. App. 1990).
4. In presiding over this contested case, the court serves as the finder of fact and makes a de novo determination regarding the licensing matters at issue. See S.C. Code Ann. § 1-23-600(B) (Supp. 2006); Marlboro Park Hosp. v. S.C. Dep’t of Health & Envtl. Control, 358 S.C. 573, 577-79, 595 S.E.2d 851, 853-54 (Ct. App. 2004); Brown v. S.C. Dep’t of Health & Envtl. Control, 348 S.C. 507, 512, 560 S.E.2d 410, 413 (2002).
5. SLED is required to conduct a background check of an applicant for a concealed weapon permit upon submission of required information and proof of training. S.C. Code Ann.
§ 23-31-215(B) (Supp. 2006). If an applicant’s fingerprint and background checks are favorable, SLED must issue a permit to the applicant. Id. However, if SLED determines that an applicant’s background is unfavorable, SLED may deny the permit and shall issue a written statement to the applicant specifying its reasons for denying the permit. Id.
6. Federal law prohibits possession of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year:
It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 U.S.C. § 922(g)(1).
7. In this case, Petitioner’s criminal background record reflects that she was convicted of two counts of Breach of Trust, for which she was sentenced to four years, suspended to three years probation and payment of restitution. Based upon her record and applicable federal law, it is highly probable that Petitioner’s possession of a firearm would place her in direct violation of federal law. The Court recognizes the importance of Petitioner obtaining the concealed weapon permit for employment reasons; however, the Court cannot ignore Petitioner’s criminal record and the application of federal law regarding her prior convictions. Accordingly, Petitioner’s application for a concealed weapon permit is denied.
ORDER
IT IS HEREBY ORDERED that Petitioner’s application for a concealed weapon permit is DENIED.
AND IT IS SO ORDERED.
___________________________
Marvin F. Kittrell
Chief Administrative Law Judge
January 23, 2008
Columbia, South Carolina
|
