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View Full Version : CCW Application: Paying for your DOJ background check and Standard 2-year License


Crom
02-02-2011, 12:55 PM
Applicants in San Diego County must pay $95.00 for a California Department of Justice (DOJ) background check which is required when applying for a CCW license from Sheriffs office.

Since the applicant had to pay for the cost, is the applicant entitled to a copy of the CA DOJ background report? Has anyone ever asked for a copy of their report?

Munk
02-02-2011, 1:07 PM
I would be very interested in the answer to this as well.

wildhawker
02-02-2011, 2:09 PM
No, you are not entitled to that report. The $95 is a DOJ standard fee for 2 years. You may, however, request a criminal history report from DOJ using a separate form.

voiceofreason
02-02-2011, 2:18 PM
It really costs the DOJ $95 to do a background check?

Seems horribly inefficient... or really efficient to make $$$

wildhawker
02-02-2011, 2:32 PM
That's 2 years of state and FBI background checks. Cost is hard to say, as DOJ doesn't know, but they've stated to me that their anecdotal analysis shows the CCWs to be a loss (which is subsidized by DROS funds).

Crom
02-02-2011, 2:38 PM
No, you are not entitled to that report. The $95 is a DOJ standard fee for 2 years. You may, however, request a criminal history report from DOJ using a separate form.

I know of the separate DOJ form you speak of.

Help me understand this... I am puzzled why the SD Sheriff collects the $95.00 DOJ 2-year license fee before actually approving the "good cause" and "good moral character"?

It would seem that this would be a "Front loading of fees." Would it not?

Furthermore, they seem to require that applicants complete the CCW 8-hour training before they will accept the application. This seems to me as another way to front load costs to the applicant.

Gray Peterson
02-02-2011, 3:08 PM
I know of the separate DOJ form you speak of.

Help me understand this... I am puzzled why the SD Sheriff collects the $95.00 DOJ 2-year license fee before actually approving the "good cause" and "good moral character"?

It would seem that this would be a "Front loading of fees." Would it not?

Furthermore, they seem to require that applicants complete the CCW 8-hour training before they will accept the application. This seems to me as another way to front load costs to the applicant.

They can in fact ask for the DOJ background check fee up front and actually run the backgroudn check via fingerprinting services.

The law states that once you do this initial DOJ background check and you are fingerprinted, you cannot be fingerprinted again as the same agency gets updates if you are arrested in California.

GrizzlyGuy
02-02-2011, 3:09 PM
Furthermore, they seem to require that applicants complete the CCW 8-hour training before they will accept the application. This seems to me as another way to front load costs to the applicant.

Bzzzzt... Illegal. My local PD had that in their policy as well. I wrote a nice letter to the police chief quoting and citing the penal code, he wrote me back thanking me for bringing this to his attention, and now their policy is being revised.

Crom
02-02-2011, 4:05 PM
They can in fact ask for the DOJ background check fee up front and actually run the backgroudn check via fingerprinting services.

The law states that once you do this initial DOJ background check and you are fingerprinted, you cannot be fingerprinted again as the same agency gets updates if you are arrested in California.

Okay this is good to know. Let me ask another question. If an applicant's good cause were to be rejected and the sheriff's office denied the license but no other disqualifying reason could be found (clean record, good person), then in the future would this same applicant, when reapplying for the second time be required to pay the same $95 DOJ fee?

I ask this because that non-refundable $95.00 DOJ fee makes up the bulk of the CCW cost (excluding training costs). San Diego Sheriff requires a check for $12.63 to process the CCW application and upon issuance of the license the applicant pays the remainder of $50.51. This is the only part that makes sense at the present time.

Bzzzzt... Illegal. My local PD had that in their policy as well. I wrote a nice letter to the police chief quoting and citing the penal code, he wrote me back thanking me for bringing this to his attention, and now their policy is being revised.

It's nice to know that you helped your local PD department and they were grateful for your letter. :thumbsup:

It would appear that someone, probably a lawyer, needs to write a letter to the San Diego Sheriff's office as well.

wildhawker
02-02-2011, 4:12 PM
Once you pay for the PC12052 report and are fingerprinted/Livescanned, the same agency to which you applied can not ask for fingerprints or fingerprint fees again. This is one reason we urge people to apply to the Sheriff vs PD, as the police may declare (g) but the Sheriff will always be compelled to accept your application(s) (assuming a state agency doesn't take carry licenses over in the future).

Understand that we are writing letters, but for some reasons which will be apparent soon it's better to write the policy-challenging letter as part of the application process rather than as a point of information that a county can summarily dismiss.

Crom
02-02-2011, 4:20 PM
Thanks Brandon. It is very good to know that. :)

Gray Peterson
02-02-2011, 4:51 PM
Okay this is good to know. Let me ask another question. If an applicant's good cause were to be rejected and the sheriff's office denied the license but no other disqualifying reason could be found (clean record, good person), then in the future would this same applicant, when reapplying for the second time be required to pay the same $95 DOJ fee?



No. Once you pay for a DOJ Livescan, they cannot ask for it again.

Skullster
02-02-2011, 5:05 PM
I would like to pose a question. I already paid $120 to be fingerprinted and background checked by the Department of Homeland Security. Why? So I could be approved to haul nuclear materials among other hazardous materials in conjunction with my commercial drivers license. If I'm approved "good enough" for the feds to handle Hazmat driving 80,000lbs of moving metal on public roadways then why would that not suffice to a County Sheriff as a background check to carry a CCW? Just curious?

N6ATF
02-02-2011, 5:20 PM
It's all about the $$$$$, Jerry.

Gray Peterson
02-02-2011, 5:24 PM
I would like to pose a question. I already paid $120 to be fingerprinted and background checked by the Department of Homeland Security. Why? So I could be approved to haul nuclear materials among other hazardous materials in conjunction with my commercial drivers license. If I'm approved "good enough" for the feds to handle Hazmat driving 80,000lbs of moving metal on public roadways then why would that not suffice to a County Sheriff as a background check to carry a CCW? Just curious?

It wouldn't because it's not the same background check the state runs.