CRPA demand letter to CA sheriffs that won't issue

[hermosabeach]

https://crpa.org/news/blogs/crpa-iss...-ccw-issuance/

[hermosabeach]

Re:​FINAL WARNING TO COMPLY WITH THE SUPREME COURT’S BRUEN RULING; PRE-LITIGATION DEMAND

Dear Chief Mata:

Our firm represents the California Rifle & Pistol Association (CRPA), which was founded in 1875 and has been working to uphold the right of Californians to keep and bear arms for nearly 150 years. We write to you today because numerous individuals have contacted CRPA to report that various police and sheriffs’ departments, including yours, have been delaying conceal carry weapon permit issuance. Such obstruction constitutes open defiance of the Supreme Court’s recent landmark ruling in N.Y. State Rifle & Pistol Association v. Bruen. The issues we have heard CRPA members repeatedly raise include unclear processes on how to apply for permits, endless wait times, subjective requirements, application procedures that violate applicants’ privacy, and in some cases, the refusal to even accept applications for processing.

This may not be the first time we have contacted you, as prior letters that were sent to most departments laid out a summary of the Supreme Court’s ruling, and also corrected several misstatements of the law issued in a legal alert by Attorney General Bonta. In addition, since our last letter the California Legislature tried and failed to pass Senate Bill 918, which would have added a number of unconstitutional limitations on the right to bear arms. To the extent that your department was stalling until that bill passed, it is past time to cease such bad faith delays and begin issuing permits in a timely fashion.

Attached to this letter you will find guidance on why certain policies and practices in handling CCW permit applications are unconstitutional. To the extent your department is engaging in some or all of these, it must cease doing so immediately. As a public official that took the oath to uphold the Constitution, it is your solemn vow to follow the rule of law, uphold the foundations of the Constitution as ordered by the Supreme Court, and issue concealed carry licenses to those meeting the non-subjective requirements in California law.

In our earlier letters we stated that CRPA would be patient as departments transitioned to shall-issue permitting systems. So long as your department was acting in good faith to quickly honor the Bruen ruling, we would not institute legal action. We have received enough complaints from CRPA members to know that you have not significantly moved to comply with Bruen in the nearly three months since the Court’s ruling. This is your final warning to quickly implement a permitting process in accordance with both California law as well as the Supreme Court’s ruling.
CRPA requests that you promptly respond in the next week with a detailed and reasonable plan of how you intend to bring your department into compliance within the next 45 days. As long as this plan is in line with the Bruen decision and the Constitution generally, we will support your department and offer assistance in working with you to bring about the appropriate change. If you continue to delay the issuance of concealed carry permits in violation of the law as outlined in the attached summary, CRPA is giving notice that legal action will be taken against these violations.

Should you have any questions regarding this letter or the attached Summary of Constitutionality of California’s Gun Laws and Practices Post-Bruen, please feel free to reach out to our office.



Sincerely,
Michel & Associates, P.C.

[sbo80]

Shot across the bow. Good.

[Jeepergeo]

Kudos to the Sheriffs that are already issuing permits. They have been important proponents of 2A rights and need to be stridently supported at re-election time and budget times.

I suspect some Sheriffs that were on the fence regarding permits may change their policies as a result of the SCOTUS action. We need to welcome them to the 2A side of the aisle.

There will probably be some Sheriffs that refuse to comply and will endure long and lengthy legal battles to delay compliance. They can do this because they will be fighting CRPA and others with tax dollars and its those tax dollars the Dem Libs believe come from a bottomless pool that includes most of us CRPA members, and any damages are also paid by tax dollars too. Those on the side of the 2A must continue to support CRPA, even if your Sheriff is compliant because a compliant Sheriff could be gone after a future election only to be replaced by an anti-2A individual and the battle starts over again.

[Ned Ryerson]

If ever there was a time to donate to the CRPA, it is now. The Reckoning is upon us!

[hermosabeach]

Friends contacted CRPA and they are sending letters to my local cities

If your city won't issue, consider contacting CRPA and Michelle Associates

[johncage]

they should get rid of the other stupid requirements too, that should take care of the whole "backlog" problem. if you pass a background check, that should be enough to pick up your permit from their office. the other stuff is just taxation of your time and money

[SilveradoColt21]

Originally Posted by johncage

they should get rid of the other stupid requirements too, that should take care of the whole "backlog" problem. if you pass a background check, that should be enough to pick up your permit from their office. the other stuff is just taxation of your time and money

Exactly! What should be such a simple process is complicated by stubborn sheriffs

[pacrat]

As a public official that took the oath to uphold the Constitution, it is your solemn vow to follow the rule of law, uphold the foundations of the Constitution as ordered by the Supreme Court, and issue concealed carry licenses to those meeting the non-subjective requirements in California law.

Above quote is an excerpt of the Michel & Assoc. letter.

And is going to be a tough pill to swallow for most CoPs in Ca. They get, and hold, their jobs as "POLITICAL APPOINTMENTS". BY COMPLYING with the political agendas of their masters. Whom they serve at the pleasure of.

These same political butt puppets historically hold their wallets, in higher esteem than their silly oaths. They say the oath, because it is a requirement to get the job. After they get the job, the oath has served its purpose, as far as these integrity challenged tax suckers are concerned.

[hermosabeach]

When they get to pay the legal cost of a suit, it might help city managers / city council follow a law

[SilveradoColt21]

Originally Posted by hermosabeach

I contacted CRPA and they are sending letters to my local cities

If your city won't issue, consider contacting CRPA and Michelle Associates

Just did this, I confirmed that they sent a letter to Alameda County Sheriff's office already.

[Paladin]

[JDHCA]

I emailed CRPA, the lady there said she thinks all 50 sheriffs were sent a letter.

[Fjold]

Originally Posted by JDHCA

I emailed CRPA, the lady there said she thinks all 50 sheriffs were sent a letter.

Are there counties without a County Sheriff?

[SilveradoColt21]

Just sent them in my donation .

[Ron Jeremey]

So what's next?

I'm in Contra Costa, they are slow rolling it.

Alameda seems to be worse.

San Francisco is being San Francisco.

Will CRPA sue all of them?

[SilveradoColt21]

Originally Posted by Ron Jeremey

So what's next?

I'm in Contra Costa, they are slow rolling it.

Alameda seems to be worse.

San Francisco is being San Francisco.

Will CRPA sue all of them?

It seems like the prelitigation letter they sent isn't going to be enough so I think eventually CRPA is going to have to sue all counties that aren't complying because not every county is delaying issuing.

[Vinnie Boombatz]

I'm well past the 90 days since submitting my application and just over three weeks since my interview and nothing since then from ACSO aside from an email telling me to expect the process to take AT LEAST another year. I forwarded that email to CRPA.

[SilveradoColt21]

Originally Posted by Vinnie Boombatz

I'm well past the 90 days since submitting my application and just over three weeks since my interview and nothing since then from ACSO aside from an email telling me to expect the process to take AT LEAST another year. I forwarded that email to CRPA.

I just passed the 30 day mark but not a peep from ACSO, reached out to them and they also told me it would take at least another year if not longer, ended up forwarding my emails to CRPA as well but got no response back.

[ECVMatt]

Originally Posted by hermosabeach

I contacted CRPA and they are sending letters to my local cities

If your city won't issue, consider contacting CRPA and Michelle Associates

Redondo has been and still does issue pretty easily.

Hermosa, not so much. I live in Hermosa as well and would love for the local PD to handle this. I am almost two years into the LACO Sheriff's process and pretty close to being done. I would love to be able to renew at HBPD and leave the Sheriff out of the equation.

Manhattan will probably be a fight as well.

Back in the 1970's and 1980's all of the beach cities issued. Hopefully we can get back to that.

[SilveradoColt21]

Any updates? Does CRPA have timeline as to when they are going to sue??

[Ron Jeremey]

Originally Posted by SilveradoColt21

Any updates? Does CRPA have timeline as to when they are going to sue??

I'm wondering the same thing. They say that they are suing Alameda first. I'd love to see some action. I think as soon as those papers get filed, things will start to move. But right now, Alameda, Contra Costa, et al, are feeling no pressure.

I'm sure they intend to, but I'm wondering what the schedule is. Is there anything we can do in the meantime, but wait?

[SilveradoColt21]

Originally Posted by Ron Jeremey

I'm wondering the same thing. They say that they are suing Alameda first. I'd love to see some action. I think as soon as those papers get filed, things will start to move. But right now, Alameda, Contra Costa, et al, are feeling no pressure.

I'm sure they intend to, but I'm wondering what the schedule is. Is there anything we can do in the meantime, but wait?

I think we don't really have a choice but to wait, all I have been seeing is that the Bruen decision did nothing to intimidate any of the restrictive counties. They will issue in accordance to the Bruen decision, but against our benefit, they will make sure to take their sweet time .

[Ron Jeremey]

Originally Posted by SilveradoColt21

I think we don't really have a choice but to wait, all I have been seeing is that the Bruen decision did nothing to intimidate any of the restrictive counties. They will issue in accordance to the Bruen decision, but against our benefit, they will make sure to take their sweet time .

I know we can do more. We can file writs of mandate. I was putting that paperwork together 6 weeks ago when I got the call for an interview. I was encouraged so I put the writ on the back burner. But it's now been 31 days, and I'm back to thinking of filing a writ. But that would only get me an approval for training/qualification. They could put that off a year.

Unfortunately CRPA has been silent for a few weeks. are they preparing a lawsuit? I'm willing to kick in a few bucks (I've already donated), but I want to know what the plan is.

[SilveradoColt21]

Originally Posted by Ron Jeremey

Unfortunately CRPA has been silent for a few weeks. are they preparing a lawsuit? I'm willing to kick in a few bucks (I've already donated), but I want to know what the plan is.

Yeah I am seriously wondering what CRPA has up their sleeves but lack of communication from them is really making a lot of us lose hope on anything speeding up the process. I have made sure to donate as well.

[The Tiger]

Even if they start issuing how do we speed it up. People in Los Angeles are waiting over a year.

Then I imagine part of the problem will be the 2 year renewal. If they don’t streamline this process people will have expired permits for a period in time every two years.

[SilveradoColt21]

Originally Posted by The Tiger

Even if they start issuing how do we speed it up. People in Los Angeles are waiting over a year.

Then I imagine part of the problem will be the 2 year renewal. If they don’t streamline this process people will have expired permits for a period in time every two years.

It's all in their hands, law says they have 90 days to issue your permit . I think 3 months is more than sufficient to process an application and issue a permit. They will probably say that they are slow due to staffing issues, well they could simply hire more people to streamline the process.

[M1NM]

The city PD is where you are to apply first. If denied you go to the SO. Is there a list of cities that have gotten a letter?

[Ron Jeremey]

Originally Posted by M1NM

The city PD is where you are to apply first. If denied you go to the SO. Is there a list of cities that have gotten a letter?

The City where I live referred me to the Sheriff. They told me that they were adapting their policy to comply with the ruling. That policy will be revealed November 1st.

[Ron Jeremey]

Originally Posted by SilveradoColt21

It's all in their hands, law says they have 90 days to issue your permit . I think 3 months is more than sufficient to process an application and issue a permit. They will probably say that they are slow due to staffing issues, well they could simply hire more people to streamline the process.

That's exactly what they are saying. And the Board of Supervisors has told me that they have been talking with the Sheriff about funding those additional people. But they still have to have the people. I was at an event last week where the Contra Costa Sheriff had a recruiting booth. I get it, they have open positions and they are trying to hire people. They have half of the dispatchers that they need.

Concord PD is telling Mount Diablo Unified School District that they don't have enough officers to provide School Resource Officers because they need 160 cops on the payroll and they currently have 125. They have 11 in the academy. Even when those cadets hit the streets, it won't be enough. In my profession, we are desperate for qualified people. My employer has a bunch of open positions. I understand the stress of working for an under-staffed organization.

But I'm not sympathetic. They don't need a Lieutenant to do the job a Sergeant could do. Or even a Deputy. And they don't need to do the training and qualification in-house. They could contract it out. Marin, Santa Cruz, and San Mateo were yellow counties six months ago too. They figured it out. Their residents who applied after Bruen now have their permits. We're still waiting for the Sheriff to tell us that we've been approved to move to training.

[The Tiger]

Originally Posted by Ron Jeremey

That's exactly what they are saying. And the Board of Supervisors has told me that they have been talking with the Sheriff about funding those additional people. But they still have to have the people. I was at an event last week where the Contra Costa Sheriff had a recruiting booth. I get it, they have open positions and they are trying to hire people. They have half of the dispatchers that they need.

Concord PD is telling Mount Diablo Unified School District that they don't have enough officers to provide School Resource Officers because they need 160 cops on the payroll and they currently have 125. They have 11 in the academy. Even when those cadets hit the streets, it won't be enough. In my profession, we are desperate for qualified people. My employer has a bunch of open positions. I understand the stress of working for an under-staffed organization.

But I'm not sympathetic. They don't need a Lieutenant to do the job a Sergeant could do. Or even a Deputy. And they don't need to do the training and qualification in-house. They could contract it out. Marin, Santa Cruz, and San Mateo were yellow counties six months ago too. They figured it out. Their residents who applied after Bruen now have their permits. We're still waiting for the Sheriff to tell us that we've been approved to move to training.

I said it before, they don't need deputies to process applications. Couldn't a trained office clerk do it? They could hire 4 admin staff for the cost of one deputy.

[pacrat]

Originally Posted by The Tiger

[1] ... I said it before, they don't need deputies to process applications. [2] .... Couldn't a trained office clerk do it? [3] ... They could hire 4 admin staff for the cost of one deputy.

[1] ... I AGREE.

[2] ... OF COURSE THEY COULD.

[3] ... ISSUE COULD BE UNION CONFLICT. Traditionally, POST certified LE have done BGCs for CCW applicants.

Personally, I see no reason that someone be POST certified and pull down $100k - $200k a Yr in wages and bennies. Just to search data bases on a puter, and make phone calls.

[randomBytes]

The DMV would be capable of processing CCW applications

[SilveradoColt21]

Originally Posted by The Tiger

I said it before, they don't need deputies to process applications. Couldn't a trained office clerk do it? They could hire 4 admin staff for the cost of one deputy.

That's really what they should do .

[Heatseeker]

Back when I got my first permit in San Joaquin county, the Sheriff had a couple of retired detectives volunteering to do background checks. There are a number of option for IAs to get it done if they really wanted to. I believe they are dragging their feet purposely.

[SilveradoColt21]

Originally Posted by Heatseeker

Back when I got my first permit in San Joaquin county, the Sheriff had a couple of retired detectives volunteering to do background checks. There are a number of option for IAs to get it done if they really wanted to. I believe they are dragging their feet purposely.

Our only hope right now is lying in CRPA's hands, they are the ones who are going to make the biggest impact for us.

[Paladin]

Originally Posted by hermosabeach

Re:​FINAL WARNING TO COMPLY WITH THE SUPREME COURT’S BRUEN RULING; PRE-LITIGATION DEMAND

Dear Chief Mata:

Our firm represents the California Rifle & Pistol Association (CRPA),…

In our earlier letters we stated that CRPA would be patient as departments transitioned to shall-issue permitting systems. So long as your department was acting in good faith to quickly honor the Bruen ruling, we would not institute legal action. We have received enough complaints from CRPA members to know that you have not significantly moved to comply with Bruen in the nearly three months since the Court’s ruling. This is your final warning to quickly implement a permitting process in accordance with both California law as well as the Supreme Court’s ruling.
CRPA requests that you promptly respond in the next week with a detailed and reasonable plan of how you intend to bring your department into compliance within the next 45 days. As long as this plan is in line with the Bruen decision and the Constitution generally, we will support your department and offer assistance in working with you to bring about the appropriate change. If you continue to delay the issuance of concealed carry permits in violation of the law as outlined in the attached summary, CRPA is giving notice that legal action will be taken against these violations….

Michel & Associates, P.C.

Last Saturday, Nov 05, was 45 days after the OP.

[SilveradoColt21]

Originally Posted by Paladin

Last Saturday, Nov 05, was 45 days after the OP.

So no word??? This is increasingly frustrating .

[DolphinFan]

I’d like to see the issuance taken away from sheriffs and police chief and issued by the DOJ upon passing the background check to by the handgun.
Centralize it, add a box onto the DROS, and if a picture and finger print on a credit card size piece of plastic
It also narrows the scope of who needs to be sued.

[Gnzrme]

Originally Posted by DolphinFan

I’d like to see the issuance taken away from sheriffs and police chief and issued by the DOJ upon passing the background check to by the handgun.
Centralize it, add a box onto the DROS, and if a picture and finger print on a credit card size piece of plastic
It also narrows the scope of who needs to be sued.

Do you really want the DOJ handling CCW's? They deliberately released the CCW role earlier this year, they try to pass laws that prohibit carrying our weapons and on and on...