For those who are subscribed to our blog page and follow our posts, Wayne county was sued by several residents for failing to accept and process their concealed pistol license applications. Here is what is going on now.
Hello everyone, my name is Joseph Radzwion IV, Your Trusted Attorney with Radzwion Law, PLLC and today we have a case update on the Wayne County CPL Lawsuit.
The short answer is, the case was dismissed for lack of standing. This means the Plaintiffs that originally sued the Defendant, no longer have a legal issue that the court can resolve. Before a court can hear a case the plaintiff (the party bringing the suit) must have standing.
A quick example of what it takes to have "standing" would be, the plaintiff must show they are (1) injured (here, their gun rights were violated), (2) causation (the injury was caused by the clerk denying their rights/failing to process the CPL applications) and (3) redressability, (the court's decision can resolve the injury - ordering Wayne County to process the applications).
You may be wondering how did the case get dismissed?
So if a plaintiff "lacks standing" the court will not proceed with the case. The Defendant (Wayne County) realized that if they took all the Plaintiffs' CPL applications and processed them, the Plaintiffs would no longer have an injury and since the Plaintiffs don't have an injury, the court doesn't need to redress the injury with a court decision.
If you are disappointed in this out come, here are two things that are somewhat encouraging. First, Wayne County Clerk didn't just process the Plaintiffs' CPL applications. They have started to accept and process other applications. Second, if Wayne County Clerk decides tomorrow they are going to stop processing CPL applications, a bunch a new Plaintiffs can start a lawsuit with good "standing" to get the Clerk to process their CPLs.
If you would like to see our original commentary on the lawsuit CLICK HERE. Wayne County Sued for Gun Rights Violation
REMEMBER: Our posts should never be taken as legal advice. You should ALWAYS consult a Trusted Attorney with your legal questions.