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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #121  
Old 11-13-2014, 7:14 AM
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Update: As everyone no doubt knows, the 9th denied all appeals to its Peruta decision. That's big news! But what will Sheriff Smith do now? That remains to be seen. As of today, her website on the matter is still unchanged, and reads:

http://www.sccgov.org/sites/sheriff/Pages/ccw.aspx

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  #122  
Old 11-13-2014, 7:42 AM
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I sent the following email to the address listed on the site (CCW@sheriff.sccgov.org). I encourage you to compose your own and do the same.

Quote:
Hello,

Thank you for taking the time to read and respond to my email. I see that your website (http://www.sccgov.org/sites/sheriff/Pages/ccw.aspx) indicates that the Peruta decision has not yet become final. As I’m sure you’re aware, that is no longer the case. The Peruta decision has become final, and no further appeals are possible.

Your website also indicates you were in the process of “revising the process for issuing CCW permits”. How is that coming? Have the 9 months since the initial ruling was read proved to be enough time to revise, and expedite, the process? Or is more time required? If the former, great! When do you expect to put your efforts into motion and begin processing applications and issuing permits? If the latter, may I ask what further challenges you face and or delays you expect, and why?

There are thousands of Santa Clara County residents just like me who take the right to bear arms and conceal carry very seriously; one’s right to self defense is no game nor is it something to be treated with anything less than complete respect. I know you understand this and are working very hard to empower us to enjoy that right as quickly possible. I sincerely thank you for that. However, given the recent conclusion to the Peruta matter and your comments regarding your efforts to expedite the CCW process in the interim should it be concluded as it was, I hope you can understand why we are now looking to you for an official and unambiguous timeline for issuance of CCW permits. Any and all information you can share with me regarding this matter is greatly appreciated.

Thank you again, and I look forward to hearing from you soon!
XXXXX
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  #123  
Old 11-13-2014, 7:55 AM
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Nice letter. Well written, very appropriate.

This however is what Sheriff Smith is doing...
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  #124  
Old 11-13-2014, 8:03 AM
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FYI the San Diego Sherriff's website now has the EXACT same first paragraph (as Santa Clara shown above) on its website now as a result of yesterday's news. They are apparently sharing info for mutual CYA.
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  #125  
Old 11-14-2014, 6:19 PM
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So lets say the mandate is issued and no appeal is made. Now it is the law of the land. Sheriff drags feet. Can we apply to our town, city police chief instead? I know the Sheriff handles all CCW's but police chiefs could issue also correct?
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  #126  
Old 11-14-2014, 9:59 PM
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Originally Posted by BCA142 View Post
So lets say the mandate is issued and no appeal is made. Now it is the law of the land. Sheriff drags feet. Can we apply to our town, city police chief instead? I know the Sheriff handles all CCW's but police chiefs could issue also correct?
It's doubtful that any Santa Clara police chiefs would go against the Sheriff ...
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  #127  
Old 11-14-2014, 10:43 PM
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Quote:
Originally Posted by BCA142 View Post
So lets say the mandate is issued and no appeal is made. Now it is the law of the land. Sheriff drags feet. Can we apply to our town, city police chief instead? I know the Sheriff handles all CCW's but police chiefs could issue also correct?
Unless the city has made the agreement with the Sheriff to handle all its LTC, yes, you could conceivably get a license from one of the cities.

I can't predict likelihood.
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  #128  
Old 11-15-2014, 3:52 PM
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I've been holding off applying just to avoid any issues, but how do I apply and do it perfectly so as not to give them any ammunition to reject the app?

To note: I have a flawless record, I've never been arrested, never gotten a moving violation(good driving combined with lots of ECM), and never gotten so much as a parking ticket.

I also recall people saying they limit you to 3 firearms, but the app says you can use additional pages to list more firearms, and I'd be more comfortable with 6-8 on there...
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  #129  
Old 11-17-2014, 8:45 AM
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As an aside, any trainers approved by the Sheriff in Santa Clara County?
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  #130  
Old 11-17-2014, 8:47 AM
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Originally Posted by RudyN View Post
As an aside, any trainers approved by the Sheriff in Santa Clara County?
None that I am aware of. And I've asked several other county approved trainers if they know what SCC is up to in this regard. To date, they don't.

Many of us are guessing this will be the next delay tactic... its going to take a loooong time to find and test and approve trainers, you understand
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  #131  
Old 11-17-2014, 8:49 AM
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I figured that would be a delaying tactic.
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  #132  
Old 11-19-2014, 1:56 PM
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Wow, this thread got derailed. How about an on-topic question...

Has anyone looked into the details/feasibility of establishing county residency in a de facto "shall-issue" county for purposes of applying for a CCW permit?

In the time it may very well take to get places like SCC to comply, would it be possible to establish residency in, say, Sacramento or other CCW friendly areas of CA?
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  #133  
Old 11-19-2014, 4:56 PM
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Default might be a dumb question but....

If someone obtains a CCW permit from a friendly county, does that permit cover them for all of Ca?
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  #134  
Old 11-20-2014, 4:38 AM
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Quote:
Originally Posted by SJ-Chris View Post
If someone obtains a CCW permit from a friendly county, does that permit cover them for all of Ca?
A local gun shop employee told me, once you're issued a permit from any county, that permit is good for the state but I can't seem to find any real info to support it.
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  #135  
Old 11-20-2014, 4:41 AM
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A CCW is good for all of CA no matter what county issued it.

From what I've heard, friendly counties are aware of the out of county trick. If you try it, you better actually be spending more than 51% of your time in that county, be registered to vote there and have all your mail go there. At a minimum, but there could be more involved.
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  #136  
Old 11-20-2014, 4:45 AM
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Quote:
Originally Posted by MrChoi View Post
A local gun shop employee told me, once you're issued a permit from any county, that permit is good for the state but I can't seem to find any real info to support it.
I can't quote or cite the appropriate info, but a permit granted in any county in California is valid statewide. (With the standard restrictions).

Someone will be along shortly who will cite chapter and verse.
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  #137  
Old 11-20-2014, 5:14 AM
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Oh, and if you ever move, you only have a certain amount of time to reapply with your new county
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  #138  
Old 11-20-2014, 9:57 AM
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Originally Posted by stingray4540 View Post
Oh, and if you ever move, you only have a certain amount of time to reapply with your new county
Well that sucks.
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  #139  
Old 11-21-2014, 5:18 AM
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The Sheriff's office has both responded to my email and updated their website:

Quote:
Originally Posted by In response to my email seen in post #124
On Wednesday, November 12, 2014 a 9th Circuit panel denied the request of the California Attorney General and several other groups including the Brady Campaign Against Gun Violence to intervene in and appeal the panel’s decision in the Peruta case permitting individuals to request CCW permits without establishing a “good cause” basis for the permit. The panel’s denial of the motions to intervene has not yet changed the status of the law. The intervenors may appeal this decision to a larger panel of the 9th Circuit or the larger panel could on its own review the decision. Thus, the recent decision has not really changed anything until the 9th remands the matter to the District Court to issue the mandate confirming the Peruta decision until then everything will remain status quo and the Santa Clara County Sheriff’s Office (SCCSO) will continue to collect applications until the law is completely settled. There are also two other cases addressing the same issue that the 9th Circuit may consider on appeal. As you can see this issue is in flux and until the law is settled the SCCSO will be accept your application. Thank you for your patience and cooperation.

CCW Unit
Santa Clara County Sheriff’s Office
55 W Younger Avenue
San Jose, CA 95110
As of Nov 20 2014: http://www.sccgov.org/sites/sheriff/Pages/ccw.aspx
Quote:
On Wednesday, November 12, 2014 a 9th Circuit panel denied the request of the California Attorney General and several other groups including the Brady Campaign Against Gun Violence to intervene in and appeal the panel’s decision in the Peruta case permitting individuals to request CCW permits without establishing a “good cause” basis for the permit. The panel’s denial of the motions to intervene has not yet changed the status of the law. The intervenors may appeal this decision to a larger panel of the 9th Circuit or the larger panel could on its own review the decision. Thus, the recent decision has not really changed anything until the 9th remands the matter to the District Court to issue the mandate confirming the Peruta decision until then everything will remain status quo and the Santa Clara County Sheriff’s Office (SCCSO) will continue to collect applications until the law is completely settled. There are also two other cases addressing the same issue that the 9th Circuit may consider on appeal. As you can see this issue is in flux and until the law is settled the SCCSO will be accept your application. Thank you for your patience and cooperation.

In order to accommodate, and expedite, the large numbers of anticipated applications, the Sheriff’s Office and County Counsel are currently revising the process for issuing CCW permits.

If you are interested in applying for a CCW permit, please complete the application below and submit it either via mail or in person to:

Santa Clara County Sheriff’s Office
ATTN: CCW Unit
55 W Younger Avenue
San Jose, CA 95110


If you have any questions, please email CCW@sheriff.sccgov.org.
I plan to respond with followup questions...
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  #140  
Old 11-21-2014, 7:44 AM
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My reply:
Quote:
Thank you for responding to my email.

However several questions remain unanswered, and your reply has sparked several more. I would appreciate direct and specific answers the following questions:

1) Your website indicated you were in the process of “revising the process for issuing CCW permits”. How is that coming? Will you be ready to process and approve applications immediately after all court cases are settled in favor of self-defense being sufficient just cause?
2) If you will not be ready to process and approve applications immediately after all the court cases have been settled, why not? Please give specific reasons, as well as an estimated timeline for overcoming each.
3) You mentioned that a “larger panel could on its own review the [Peruta] decision.” Please elaborate. Also please specifically define exactly how much time you plan to allow for this ‘larger panel’ to intervene after the Pertua mandate has been issued by the court.
4) You mentioned “two other cases addressing the same issue”. Which cases, exactly? And how do you expect them to affect your handling of the Pertua mandate once it’s been issued?

Your prompt and specific point by point reply is greatly appreciated.

Thank you again
xxxx
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  #141  
Old 11-21-2014, 8:54 AM
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They are dragging their feet! I thought it can no longer be appealed? Now their are saying a "larger" panel?
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  #142  
Old 11-21-2014, 12:09 PM
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Quote:
Originally Posted by stingray4540 View Post
Oh, and if you ever move, you only have a certain amount of time to reapply with your new county
That's not quite right.

If you have CCW, and move to a different county, your existing CCW expires 90 days from when you move.

But you can apply any time in your new county, even after the other CCW has expired.
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  #143  
Old 11-21-2014, 12:16 PM
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'Citizenship' is off topic for the thread and forum.

2 points: CA law does not require citizenship for CCW - it requires residency.

A CCW issued by any level of CA government - city or county - is valid across the entire state, unless restricted by written notice on the license itself.
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  #144  
Old 11-21-2014, 12:26 PM
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Does anybody know if we can use a non-rostered G19 gen4 for CCW if it was transferred to me by a cousin who is LEO? I was told some counties won't allow you to list firearms that was SSE'd but in my case it was legally registered and transferred to me.
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  #145  
Old 11-21-2014, 2:56 PM
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Quote:
Originally Posted by tamalpias View Post
Does anybody know if we can use a non-rostered G19 gen4 for CCW if it was transferred to me by a cousin who is LEO? I was told some counties won't allow you to list firearms that was SSE'd but in my case it was legally registered and transferred to me.
That is to be determined by your IA.
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  #146  
Old 11-25-2014, 12:33 PM
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Quote:
Originally Posted by tamalpias View Post
Does anybody know if we can use a non-rostered G19 gen4 for CCW if it was transferred to me by a cousin who is LEO? I was told some counties won't allow you to list firearms that was SSE'd but in my case it was legally registered and transferred to me.
Quote:
Originally Posted by Tommy C View Post
That is to be determined by your IA.
This still bothers me, honestly... if the Roster is the guidance for what is allowed on a CCW permit.

My M&P full-size and compact were both on the roster (CA-compliant models) when I purchased them in 2010 and 2012... then they fell off the roster. So, by the above rule, I might be SOL? Good thing I have a Gen3 G19 and CA-compliant M&P Shield, I suppose... just in case. Oh wait... my Gen3 G19 is EXO coated, so it wasn't on the Roster either...
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  #147  
Old 11-25-2014, 12:47 PM
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Quote:
Originally Posted by scootle View Post
This still bothers me, honestly... if the Roster is the guidance for what is allowed on a CCW permit.
That is not and has never been the case.

Historically (since the advent of the roster in 2000) Santa Clara SO's have allowed 'non-rostered' firearms on the LTC.

This of course, may change in the future, but it has never been an issue in the past 14 years.
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  #148  
Old 11-26-2014, 6:06 AM
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Quote:
Originally Posted by QuarterBoreGunner View Post
That is not and has never been the case.

Historically (since the advent of the roster in 2000) Santa Clara SO's have allowed 'non-rostered' firearms on the LTC.

This of course, may change in the future, but it has never been an issue in the past 14 years.
I hope not. California needs to get rid of this list too.
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  #149  
Old 01-11-2015, 11:29 AM
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I sent the S O a email asking whether they had any approved instructors two weeks ago. No answer as of today.

Sent from the Telegraph Office
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  #150  
Old 01-13-2015, 10:43 AM
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I received an email yesterday that they are working on a list of approved instructors, but I don't have to worry about qualifying until after the interview etc.

Sent from the Telegraph Office
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  #151  
Old 01-13-2015, 10:52 AM
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Quote:
Originally Posted by RudyN View Post
I received an email yesterday that they are working on a list of approved instructors, but I don't have to worry about qualifying until after the interview etc.

Sent from the Telegraph Office
What interview? This will be you by the time you get an interview scheduled!
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  #152  
Old 02-22-2015, 11:01 AM
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What interview? This will be you by the time you get an interview scheduled!
I am already that old.

Sent from the Telegraph Office
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  #153  
Old 02-28-2015, 2:40 PM
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Subscribing to this thread to be informed when Hell freezes over...
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