Thread: San Bernardino
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Old 04-22-2013, 6:52 AM
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Quote:
Originally Posted by crazy_memo View Post
Thank you very much for the input!

1) What about examples of violent crimes in my neighborhood? There has been a rise in shootings and robberies over the past year.

2) I don't understand. Are you saying I'm lying about the cash thing? I buy and sell cars for a living (requiring me to transport sizeable amounts of cash), thus my question. What I meant to ask is, how they would follow up on that. (Seeing as I'm my own boss.)

4) I know that legally, on paper they can't do it. But I meant it in more of person to person kind of way. (What they "do" and what they actually do.) They probably won't tell you that you were denied because of your appearance, but they do deny/approve at their discretion right? Do you honestly feel they would not base any judgment on one's appearance whatsoever?
I'm not completely familiar with SBSO's acceptable good cause statements. In my view, detailing an account of a home invasion may not help good cause as you are able to carry a loaded weapon however you like inside your home. I would recommend examining other sucessful applicants good cause and emulating their statement.

I am not calling you a liar, but if any issuing agency requires anything other than the application and initial portion of the fees, they are essentially investigating the potential of a crime when you filled out your application.

What you say on the application must be true under penalty of law. This puts the burden of proving any of the statements are false upon those investigating your background.

You still have 4th amendment rights and have the right to be secure in all your papers and effects- and you still possess 5th amendment rights in this regard, and cannot be compelled to self-incriminate. So one can, for the sake of expediancy, surrender whatever documentation the S/O wants to prove their innocence to obtain their license or assert the S/O is making unlawful demands and treat the issuing agency as hostile to your rights by refusing consent to the seizure of your papers and assert your right to remain silent.

An issuing agency may deny an application for any reason they like... as long as it is for good cause, good moral character, or residency. Their discretion, even under statute, is not unlimited. What is more, is that with SB610, the agency is required to provide a reason from their policy they denied you in the written notification. So, if they denied you for having long hair, or tattoos, or brown skin, they certainly wouldnt be able to say so- but they would have to articulate a reason stemming from good cause, good moral character or residency and be able to back up their contentions in court.

Bear in mind, I am not an attorney and I am not offering legal advice- just being informative.
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche
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