Thread: Sonoma
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Old 12-04-2014, 12:40 PM
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MudCamper MudCamper is offline
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Default DENIED

I submitted my application on November 12, 2014 (the day the AG was denied her motion to intervene in Peruta). I received my denial letter today, 12/04/2014. It is dated November 25.

Reason for my denial is lack of good cause.

This is what I stated on the app in answer to Section 7. Details of Reason for Applicant Desiring a CCW license ("good cause" statement):

I desire a CCW license for the purpose of legal self defense.

See Peruta v. San Diego, case number 10-56971, United States Court of Appeals for the Ninth Circuit. (“good cause” requirement beyond “self defense” is unconstitutional)

Also see Richards v. Prieto, case number 11-16255, United States Court of Appeals for the Ninth Circuit. (“good moral character” requirement is unconstitutional)
My denial states:

Upon review of your application, it was determined that the facts presented do not demonstrate an immediate threat or compelling need for a CCW license. Therefore, your application for a CCW license with the Sonoma County Sheriff's Office has been denied.
It goes on to quote their lengthy current policy from their website (which has changed, again, since I submitted my app).

It also includes a contact number to call.

Standby. I will report back what I find.

Update: I called the number for a Lieutenant in the investigations bureau. The woman who answered, once she heard that I was denied, said that she was directed to send me to the Lieutenant 's voice-mail. So I left a message asking if there was an appeals process or if I could submit a revised good cause statement.

Update: Since I wasn't able to speak with the Lieutenant, and since the SCSO is currently violating the law, and since I'm a generally an impatient guy, I just sent a letter certified mail to both the Lieutenant and the Sheriff.

Here is a redacted copy of that letter. (In that letter I explain to them how they are violating the law, that Peruta is currently binding precedent now, and include quotes from US District Court Judge S. James Otero for reference.)

Update: I just received a callback from the lieutenant. He said they do have an appeals process, but that if I continue to state "self defense" as my good cause, I will still be denied, so there is no point in starting the appeal. (I'm not saying there is no point. I am paraphrasing what the lieutenant said.)

He went on to state that the SCSO position on this now is that they will deny "self defense" until after all appeals in Peruta, Richards, and Hawaii case are all settled.

Update 12/18/14: SCSO response to my letter. (A cavalier dismissal via email and reaffirmation of my denial.) I replied and requested to begin the appeals process.

Update 12/31/14: After not hearing back again from the Lieutenant for 2 weeks, I sent him another email. He then got immediately back to me and informed my that my file was passed on to a Captain who will handle my appeal.

Update 1/15/15: I received a call from a Captain in the SCSO today. He was very polite, professional, and friendly. He said that the Peruta case vote on whether to go en banc would be in one way or the other by the end of the month. He asked if I'd hold off on my appeal until them. I agreed. He had me surprised. I thought maybe there was news back from the 9th that I had not heard about yet. Then I immediately came to CalGuns only to find there is no new news, and the best case is we'll know something by January, worst case is there is no time limit. So I assume that the Captain just received bad information. Regardless, I can wait another 2 weeks before continuing my appeal.

Update 3/25/15: I was scheduled to speak with the Captain about my appeal this Friday. Then Peruta and Richards were set to be reheard en banc today. So I spoke with the Captain on the phone today, and we agreed to just keep my appeal in a hold state until we hear more from the courts.

Updates September 2016:

Peruta has been overturned en banc. The good guys lost.

On 9/20/2016 I called to speak with Captain REDACTED. He was the friendly Captain who said let's keep my app appeal on hold until the Peruta en banc review was done.

I learned that he has retired. So I was directed back to Lieutenant Carlos Basurto, who was the one who initially denied my app. I also learned that Lt Basurto was promoted to Chief of Police in Windsor and will assume that duty in one week. I left him voice mail.

On 9/21/2016 Lt Basurto called me back. I asked, given that Peruta lost, and that the SCSO good cause policy had changed yet again, if I could revise my good cause statement. He said it had been too long, and I'd have to apply again.

I plan to apply again soon. I will include self defense in my good cause, but I will also include other specifics to qualify with their latest requirements.

The SCSO CCW page, which includes their latest good cause policy:

9/27/2016 I submitted another application.

Update 11/19/16: I received a denial letter in the mail today.

Upon review of your application, it was determined that the facts presented do not demonstrate an immediate threat or compelling need for a CCW license.
My full good cause and denial letter are here.

Update 12/15/16: I spoke with Lt REDACTED today about my denial. Among other things, I asked him how I could be denied, while others (here on CalGuns) have been approved, for similar good cause, for seemingly lesser good cause, and for good cause as simple as just "self defense". His answer was that he doesn't know about any of those, that he has only been working there for three months, and he used his own judgement in my case, unrelated to any of those past applications. (I am paraphrasing from my memory of the conversation.)

Update 12/15/16: Submitted a PRA request to the SCSO Discovery Clerk

Update 12/27/16: I received a letter in the mail today from the Discovery Clerk stating that it will take another two to four weeks to prepare my PRAR documents.

SCSO response to my PRAR

Last edited by MudCamper; 04-11-2017 at 9:14 AM..
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