ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me pursuant to the request of Petitioner Richard Lee Pate for a contested case hearing regarding
the issuance by South Carolina Law Enforcement Division ("SLED") of a Notice of Intent to Revoke Petitioner's concealed
weapon permit pursuant to S.C. Code Ann. § 23-31-215(J)(4) (Supp. 2001) based on the fact that Petitioner has been
charged with the offense of criminal conspiracy. After timely notice to the parties, a contested case hearing was held on
January 22, 2003 at the Administrative Law Judge Division ("ALJD") in Columbia, South Carolina. Upon review of the
relevant and probative evidence and applicable law, SLED's Notice of Intent to Revoke Petitioner's concealed weapon
permit is affirmed.
FINDINGS OF FACT
Having carefully considered all testimony and arguments presented at the hearing of this matter, and taking into account the
credibility and accuracy of the evidence, I make the following findings of fact by a preponderance of the evidence:
1. Petitioner holds a concealed weapon permit.
2. On October 1, 2002 Petitioner was charged with the offense of criminal conspiracy, S.C. Code Ann. § 16-17-410 (Supp.
2001).
3. On October 28, 2002 SLED issued a Notice of Intent to Revoke, notifying Petitioner of Sled's intent to revoke his
concealed weapon permit due to the charge against him of criminal conspiracy.
3. On November 18, 2002 Petitioner's appeal of SLED's Notice of Intent to Revoke was filed with the ALJD. A contested
case hearing was scheduled for January 22, 2003. Notice of the time, date, and place of the hearing was given to the
Petitioner and to SLED. At the hearing, SLED introduced into evidence a copy of Petitioner's arrest warrant for criminal
conspiracy. Neither Petitioner nor SLED presented any witnesses.
CONCLUSIONS OF LAW
Based upon the above findings of fact, I conclude as a matter of law the following:
1. The ALJD has jurisdiction to hear this contested case pursuant to S.C. Code Ann. § 23-31-215(D) (Supp. 2001), S.C.
Code Ann. § 1-23-600 (Supp. 2001), and S.C. Code Ann. § 1-23-310 (Supp. 2001).
2. Pursuant to S.C. Code Ann. § 23-31-215(J)(4) (Supp. 2001), a concealed weapon permit "is valid statewide unless
revoked because the person has . . . been charged with an offense that, upon conviction, would prohibit the person from
possessing a firearm." S.C. Code Ann. § 23-31-215(J)(4) (Supp. 2001). If the permittee is subsequently found not guilty of
the charged offense, however, the permit will be reinstated at no charge. Id.
3. The offense with which Petitioner is charged, criminal conspiracy, is punishable upon conviction by a fine of not more
than five thousand dollars or imprisonment for not more than five years. S.C. Code Ann. § 16-17-410 (Supp. 2001).
4. Pursuant to 18 U.S.C.A. § 922(g)(1) (2003), it is unlawful for any person "who has been convicted in any court of a
crime punishable by imprisonment for a term exceeding one year . . . to . . . possess in or affecting commerce, any firearm
or ammunition . . . ." (18 U.S.C.A. § 922(g)(1) (2003).
5. If Petitioner is convicted of the offense with which he has been charged, he could be imprisoned for a term of up to five
years. S.C. Code Ann. § 16-17-410 (Supp. 2001). If convicted, it therefore would be unlawful for Petitioner to possess a
firearm. 18 U.S.C.A. § 922(g)(1) (2003). Consequently, Petitioner has "been charged with an offense that, upon
conviction, would prohibit [him] from possessing a firearm." S.C. Code Ann. § 23-31-215(J)(4) (Supp. 2001). SLED is
therefore authorized to revoke Petitioner's concealed weapon permit pursuant to § 23-31-215(J)(4) (Supp. 2001).
ORDER
Based upon the above findings of fact and conclusions of law,
IT IS HEREBY ORDERED that SLED's Notice of Intent to Revoke Petitioner Richard Lee Pate's concealed weapon
permit is AFFIRMED;
IT IS FURTHER ORDERED that Petitioner shall surrender his concealed weapon permit to SLED within ten (10) days of
the date of this Order in accordance with the terms of SLED's October 28, 2002 Notice of Intent to Revoke;
AND IT IS SO ORDERED.
________________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
January 24, 2003
Columbia, South Carolina. |
