Though CGF officially feels that it is still not the best strategic/political choice to UOC in urban California, while LOCing where allowed in California is just fine, we would like to add one very important recommendation.
If you are still going to UOC in urban California we strongly advise
you to apply for a PC 12050 carry license. However, as the Carry Sunshine Initiative
is just getting underway, many counties have asinine restrictions. As such we recommend a specific set of steps in your application.
1. Send the following cover letter where you correctly fill out the XXX's and chose the tracked shipping method of your choice:
XXXday, November XX, 2010
Sheriff XXXX XXXX
XXXXX County Sheriff's Office
XXX Main St.
XXXXXX, CA 9XXXX
VIA CERTIFIED US MAIL, RETURN RECEIPT REQUESTED/FEDEX/UPS
Re: Application for Permit to Carry a Concealed Weapon (CCW)
Dear Sheriff XXXXX,
As you know, the State of California requires persons who wish to carry functional handguns to be licensed in accordance with Cal. Penal Code § 12050, et. seq. As such, I wish to acquire a firearm carry license (“CCW”) in order to exercise my fundamental right to keep and bear arms for the purpose of self-defense . Please find enclosed my completed “STANDARD APPLICATION FOR LICENSE TO CARRY A CONCEALED WEAPON (CCW)”, form BCIA 4012 (6/99), for a standard 2-year “civilian” CCW license. I am applying to your Sheriff's Office because I am a resident of XXXXX County, California. My good cause statement is, "I wish to carry a firearm for self defense."
The 1976 Court of Appeals decision of Salute v. Pitchess held that “[w]hile a court cannot compel a public officer to exercise his discretion in any particular manner, it may direct him to exercise that discretion.” The decision went on to declare that “[i]t is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under section 12050.”
In light of the above, I respectfully request that you accept my completed application, collect my fingerprints, conduct an investigation, and make your determination of whether my good cause is acceptable. Should you determine that my good cause is acceptable I will pay the $95.00 fee to complete the Department of Justice background check report as described in Penal Code § 12052.
I have enclosed with this letter and my completed application a check made out to the XXXX County Sheriff's Office in the amount of $20.00, which is the maximum acceptable local initial fee (See PC § 12054(a)) to initiate the application process. Upon issuance I will pay the balance (usually $80.00) of the allowed local fees.
If you have any questions, or if any part of the application is incomplete or incorrectly completed, please contact me at (XXX) XXX-XXXX immediately. I look forward to hearing from you or your CCW application coordinator and am eager to complete the process and receive your determination within 90 days from your receipt of my enclosed application.
I hereby certify under penalties of perjury and Penal Code section 12051(b) and (c), that the answers I have given on the enclosed CCW application are true and correct to the best of my knowledge and belief.
Signed ___________________ Date ______________
Mr(s). XXXXXXX XXXXXXXX
123 Main St.
XXXX, CA 9XXXX
2. Fill out the "Fillable DOJ CCW Application
" as instructed in the application itself.
3. Send the cover letter, the filled out CCW Application, and a $20 check or money order made out your county sheriff via certified mail, return receipt requested or Fedex/UPS with tracking to your county sheriff.
4. Make a copy or a scan of the entire package before sending.
5. Save the tracking information or return receipt.
If you are to be denied, you now have proof that you attempted to comply with the State requirements to carry but were rebuffed by the licensing authority (or you might just get a permit...) However, if you later have an interaction with law enforcement that is sub-par, the actual fact of your application and denial will make that interaction far more valuable to the fight for gun rights.
CGF remains unwilling to defend UOC cases generally. However, we will be far more amenable to a UOC case where the UOCer attempted to comply with PC § 12050 and has proof via a return receipt of tracking information, as it significantly narrows the counter arguments that a law enforcement agency can make.