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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 08-26-2013, 8:21 PM
Heavychevy1479 Heavychevy1479 is offline
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Default Ccw revoked. What to do?

I was approved for my CCW permit just over one year ago. In June I was an applicant for the Ventura county sheriff department but was disqualified for having a marijuana paraphernalia ticket eleven years prior. Today in the mail I had a notice from the VCSD that stated my ccw permit was revoked on account of this marijuana paraphernalia citation. Is there a process to appeal this decision? Can I ever get my permit back? Any advice would be greatly appreciated. Thank you.
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Old 08-26-2013, 8:35 PM
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Did they ask and you not tell about the violation ? If they caught you being untruthful,I guess that might be a problem.
I noted all my tickets and the time I had handcuffs on in the back of the patrol car 20+ yrs ago, on my CCW app.
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Old 08-26-2013, 9:12 PM
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Quote:
Originally Posted by Heavychevy1479 View Post
I was approved for my CCW permit just over one year ago. In June I was an applicant for the Ventura county sheriff department but was disqualified for having a marijuana paraphernalia ticket eleven years prior. Today in the mail I had a notice from the VCSD that stated my ccw permit was revoked on account of this marijuana paraphernalia citation. Is there a process to appeal this decision? Can I ever get my permit back? Any advice would be greatly appreciated. Thank you.
The issuing agency holds absolute discretion over the revocation. The appeal would be directly to the people who issued you the license.

Your circumstances require some professional legal help, and frankly Im not certain you will get much traction in a sucessful appeal. Before you surrender the license you could call CGF and see if there is anything you can do.
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Old 08-26-2013, 9:44 PM
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Was the marijuana paraphernalia ticket a RFC (Release from Custody)? Which is a misdemeanor ticket releasing your on your own recognizance. This is actually a misdemeanor arrest.
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Old 08-26-2013, 9:44 PM
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I did tell the officer during my interview about what had happened and he acted like it was no big deal. I will call CGF and see what they think the best idea is before I surrender my permit. Thank you for the help and if anyone else has advice it would be greatly appreciated
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Old 08-27-2013, 12:45 AM
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If you didn't list it in the application, you might be in a tuff spot. I always tell my students that omission is worse than commission. I agree with getting professional advice before proceeding.
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Old 08-27-2013, 4:50 AM
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Wow that sucks. appeal it

Last edited by b_madeiros; 08-28-2013 at 6:00 PM..
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Old 08-27-2013, 5:44 AM
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+1 for contacting CGF. This is exactly the kind of issue they love to deal with......because the truth is, you are absolutely able to OWN a firearm under current federal law. And drug use has to be RECENT, which is defined in the CFR. If you can own a gun, you should be able to get a permit as well.

I have a similar arrest (no disposition) on my record. My initial CCW appt is Oct 3rd. I will disclose the arrest and hope they don't screw with me like that.
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Old 08-27-2013, 9:33 AM
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Quote:
Originally Posted by Bainter1212 View Post
+1 for contacting CGF. This is exactly the kind of issue they love to deal with......because the truth is, you are absolutely able to OWN a firearm under current federal law. And drug use has to be RECENT, which is defined in the CFR. If you can own a gun, you should be able to get a permit as well.

I have a similar arrest (no disposition) on my record. My initial CCW appt is Oct 3rd. I will disclose the arrest and hope they don't screw with me like that.
The problem is that under CA law the Sheriff has sole discretion to decide what "good cause" and "good moral character" are. Sounds like they decided to revoke you on GMC grounds.
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  #10  
Old 08-27-2013, 10:12 AM
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You can read the writing on the wall Harris has no way to stop issuing but she can make sneezing in public enough to revoke. I am sorry to hear about your situation it sucks but the laws on marijuana don't go away even in California. What code was cited on the violation?
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Old 08-27-2013, 3:28 PM
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How can they issue a CCW and revoke it based on known info? That's like hiring a felon and firing him for being a felon.

If it is on record that you told them during your interview, I think you will have enough to start something up.
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Old 08-27-2013, 3:35 PM
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Is possessing marijuana 'paraphernalia' even prima facie evidence of drug use?
And what is marijuana 'paraphernalia' anyway? A water pipe? rolling papers? a lighter? matches?

They won't stop until EVERYONE has a criminal jacket.
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Old 08-27-2013, 3:54 PM
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Quote:
Originally Posted by Quickdraw559 View Post
How can they issue a CCW and revoke it based on known info? That's like hiring a felon and firing him for being a felon.

If it is on record that you told them during your interview, I think you will have enough to start something up.
^^^this seems your only hope^^^^
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Old 08-27-2013, 8:23 PM
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Quote:
Originally Posted by Quickdraw559 View Post
How can they issue a CCW and revoke it based on known info? That's like hiring a felon and firing him for being a felon.

If it is on record that you told them during your interview, I think you will have enough to start something up.
Nothing wrong doing this in an "at-will" work state (of which California is one). Felons aren't a protected class, if a CEO wakes up one morning and decides he doesn't want felons working for him, off they go.
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Old 08-27-2013, 8:39 PM
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Quote:
Originally Posted by Quickdraw559 View Post
How can they issue a CCW and revoke it based on known info? That's like hiring a felon and firing him for being a felon.

If it is on record that you told them during your interview, I think you will have enough to start something up.
Except it probably ISNT on record on the interview.

The OP mentioned it to the officer who interviewed him, and said interviewer -assuming the OP had already documented it-said "its OK", not realizing the omission. Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button.


Another case of the right hand not knowing what the left is doing.
Unfortunately, in a discretionary issue district with no appeal rights-or only window dressing appeal rights-the OP is probably done for. Unless he can get his original interviewer to attest that the offense was disclosed, its curtains. Few public employees have that kind of integrity these days.
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Old 08-27-2013, 8:44 PM
Armando de la Guerra Armando de la Guerra is offline
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" Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button."

The "authorities". Stalin would love that concept. Newsflash: The USA is a Constitutional Republic. A Democratic nation. We don't recognize 'authorities'. At least real Americans don't recognize authorities. But since you do, may your chains rest lightly upon you.
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Old 08-27-2013, 8:50 PM
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Quote:
Originally Posted by ArcherDog View Post
Nothing wrong doing this in an "at-will" work state (of which California is one). Felons aren't a protected class, if a CEO wakes up one morning and decides he doesn't want felons working for him, off they go.
I actually did not know that. You learn something new everyday!

Quote:
Originally Posted by SilverTauron View Post
Except it probably ISNT on record on the interview.

The OP mentioned it to the officer who interviewed him, and said interviewer -assuming the OP had already documented it-said "its OK", not realizing the omission. Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button.
Sounds about right. In the case that no note was ever made and it was never recorded, OP sounds like he's screwed.
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  #18  
Old 08-27-2013, 8:57 PM
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1) Stop being a pothead
2) Stop carrying a gun

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Old 08-27-2013, 9:10 PM
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Say "no" to drugs. It's the best policy. Really.
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  #20  
Old 08-27-2013, 9:25 PM
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Look where smoking dope got Travon! Just saying!
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Old 08-27-2013, 9:41 PM
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Quote:
Originally Posted by Armando de la Guerra View Post
" Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button."

The "authorities". Stalin would love that concept. Newsflash: The USA is a Constitutional Republic. A Democratic nation. We don't recognize 'authorities'. At least real Americans don't recognize authorities. But since you do, may your chains rest lightly upon you.
I don't live in California.

Unlike the OP, my state government HAS to issue me a CCW permit if I pass a background check. Period.
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Old 09-04-2013, 5:29 PM
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You could try to get an appointment with the Sheriff himself, to discuss/appeal the decision.

You will have to explain why you checked no on the question:
"Are you now, or have you ever been, addicted to a controlled substance or alcohol, or have you ever
utilized an illegal controlled substance
, or have you ever reported to a detoxification or drug treatment
program. If yes, please explain."


Marijuana paraphernalia being? Where was it? Was it yours? Did you smoke pot? Have you smoked pot in the last ten years?
Be prepared to offer multiple character references that will attest to your drug-free "good moral character" lifestyle.

Bring up that you told the investigating Deputy the circumstances of the "ticket", and that you did not believe that you were being untruthful when you signed the application.

If you can do that, then it's worth a try. Won't hurt to say you voted for him in June 2010 (only if you ARE a registered voter).
He will be running for office in the future.
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Old 09-04-2013, 10:00 PM
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Quote:
Originally Posted by Armando de la Guerra View Post
Is possessing marijuana 'paraphernalia' even prima facie evidence of drug use?
And what is marijuana 'paraphernalia' anyway? A water pipe? rolling papers? a lighter? matches?

They won't stop until EVERYONE has a criminal jacket.
I personally like to have rolling papers and matches around solely because rolling papers have so many other uses it's disturbing. Not to mention I rolled my own cigs for a decade.

As for water pipes... Some of those things are works of art!
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Old 09-04-2013, 11:21 PM
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Quote:
Originally Posted by Armando de la Guerra View Post
" Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button."

The "authorities". Stalin would love that concept. Newsflash: The USA is a Constitutional Republic. A Democratic nation. We don't recognize 'authorities'. At least real Americans don't recognize authorities. But since you do, may your chains rest lightly upon you.
Being a Sovereign Citizen only gets you points on the internet. In real life its a bunch of BS. Re-read the federalist papers before spewing that crap.
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Old 09-05-2013, 8:35 AM
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Quote:
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I personally like to have rolling papers and matches around solely because rolling papers have so many other uses it's disturbing. Not to mention I rolled my own cigs for a decade.

As for water pipes... Some of those things are works of art!
Yes, but paper and matches will not get you in trouble. Neither will a bong, unless of course it's been used and has residue all over it.

OP state he had his marijuana card, so I bet he had actual marijuana or a used pipe or something, not just some papers and matches.

I think OP needs to just chalk this up as a loss and quit doing drugs.
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Old 09-05-2013, 8:46 AM
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You might be in a tough spot, since the Sheriff's of counties have the final say, but....it's entirely possible to have certain convictions "expunged". This would require a lawyer to intervene, to get a "friendly" judge to sign an expungement order....and it would probably set you back a few thousands of bucks.
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Old 09-05-2013, 10:23 AM
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You at least got issued one. I was denied for not having a good enough cause. I tried to use logic on why I NEED one. Apparently you are only allowed a CCW if you're rich, a victim, or you know someone who can put in amazing word for you.

Paraphanilia could be anything really. I saw a friend get a ticket for having a hookah because you COULD smoke weed out of it.
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Old 09-05-2013, 10:49 AM
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Quote:
Originally Posted by scoobyj View Post
Look where smoking dope got Travon! Just saying!
Look where smoking dope got Obama, the White House. Just saying!!
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Old 09-05-2013, 11:24 AM
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LOL^^ that's funny.
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Old 09-05-2013, 11:29 AM
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Quote:
Originally Posted by 19K View Post
You at least got issued one. I was denied for not having a good enough cause. I tried to use logic on why I NEED one. Apparently you are only allowed a CCW if you're rich, a victim, or you know someone who can put in amazing word for you.

Paraphanilia could be anything really. I saw a friend get a ticket for having a hookah because you COULD smoke weed out of it.
Not true on all your "Apparently" comments. You just didn't have a good cause.
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Old 09-06-2013, 2:13 PM
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before u hire a lawyer to get an expungement fill out and print the form online or go to the public defenders office and have them help u...
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Old 09-06-2013, 2:22 PM
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Quote:
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Look where smoking dope got Obama, the White House. Just saying!!
Lol it's so true !
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Old 09-06-2013, 9:46 PM
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Everyone, permit holders or not, must demand shall issue.

What is going on now with permits in CA is exactly WHY the constitution was written and the reason for guaranteed rights.

Those who don't get involved because he or she "has theirs" is a significant part of the problem. Eventually, that lenient may issue or even shall issue individual sheriff will be replaced by someone else - then it might well be back to the lotto for everyone in that area.
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Old 09-07-2013, 2:12 PM
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Originally Posted by Simi-Surfer View Post
Not true on all your "Apparently" comments. You just didn't have a good cause.
since when is self defense not good enough?
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Old 09-09-2013, 10:08 PM
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Quote:
Originally Posted by 19K View Post
since when is self defense not good enough?
Did not say is was not, but did say your excuse for not getting approved was not true...
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Old 09-15-2013, 10:02 AM
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Quote:
Originally Posted by Simi-Surfer View Post
Did not say is was not, but did say your excuse for not getting approved was not true...
my reason for not getting approved was "self defense is not good cause"
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Old 09-15-2013, 11:59 AM
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Old 09-15-2013, 12:34 PM
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Quote:
Originally Posted by 19K View Post
my reason for not getting approved was "self defense is not good cause"
Quit trying to explain yourself. Once some people get their CCW, they stop caring that there are many more who can't. They do not remember what it was like to be oppressed, so they are unsympathetic when we are denied.
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