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Calguns Concealed Carry County Information Forum Information on how to get a LTC in yourCounty

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  #801  
Old 03-13-2019, 7:47 AM
JonMorganHill JonMorganHill is offline
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Quote:
Originally Posted by ColdDeadHands1 View Post
LOL. I'm still waiting to hear back from my application 5 years ago! But please do let us know if they even bother to respond to you.

Did you mail it in or personally drop it off?
Mailed it. Aren't they required to give a response within 90 days?
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  #802  
Old 03-13-2019, 7:55 AM
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Originally Posted by JonMorganHill View Post
Mailed it. Aren't they required to give a response within 90 days?
Not sure if they are required. There are dozens of us who applied a few years ago who never heard back. I suspect you will hear nothing or maybe some BS canned response. Regardless, I'm eager to find out what response you get.

Did you send it certified mail at least? If not, that was probably a mistake.
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  #803  
Old 03-13-2019, 7:58 AM
JonMorganHill JonMorganHill is offline
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Just regular mail. I probably should have dropped it off in person, but didn't think to do so.
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  #804  
Old 03-13-2019, 12:31 PM
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I certified mail my application a couple of years ago. Heard nothing from them.
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  #805  
Old 03-13-2019, 9:32 PM
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IIRC, you guys need to keep photocopies of all documents submitted to the SO and submit them, again IIRC, certified mail (the one where you get a card back with signature of whoever signed for it), so that you have evidence of nonfeasance by the sheriff's office and can file with the appropriate state court a request for a writ of mandamus to order the sheriff to obey the law and process your app (see Salute v. Pitchess). Give a quick call to an attorney (like Don Kilmer in SJ) for details.

http://dkgunlaw.com/
Law Offices of Donald Kilmer, APC
1645 Willow Street, Suite 150
San Jose, California 95125-5120
Voice: (408) 264-8489
Fax: (408) 264-8487

Salute
https://caselaw.findlaw.com/ca-court...l/1830587.html

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While a court cannot compel a public officer to exercise his discretion in any particular manner, it may direct him to exercise that discretion. We regard the case at bench as involving a refusal of the sheriff to exercise the discretion given him by the statute. Section 12050 imposes only three limits on the grant of an application to carry a concealed weapon: the applicant must be of good moral character, show good cause and be a resident of the county. To determine, in advance, as a uniform rule, that only selected public officials can show good cause is to refuse to consider the existence of good cause on the part of citizens generally and is an abuse of, and not an exercise of, discretion.

The petition before us alleges that petitioners are of good moral character and are residents of Los Angeles County. It is admitted that no inquiry into the existence of good cause has ever been made in connection with the application of these petitioners, or of any other applicant outside the limited group of public officials. It is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under section 12050.

The order of dismissal is reversed for further proceedings consistent with this opinion.


There, I've spoon fed it to you.

No, I don't live in Santa Clara Co and, no, I won't do this for you....
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Last edited by Paladin; 03-13-2019 at 9:53 PM..
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  #806  
Old 03-13-2019, 9:33 PM
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Quote:
Originally Posted by Paladin View Post
FYI You guys need to keep photocopies of all documents submitted to the SO and submit them certified mail (the one where you get a card back with signature of whoever signed for it), so that you can file with court a request for a writ of mandamus to order the sheriff to obey the law and process your app.


I sent mine certified with signature. It shows as never delivered.
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  #807  
Old 03-14-2019, 1:32 PM
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Originally Posted by phdo View Post
I sent mine certified with signature. It shows as never delivered.
Well, what did the PO say when you asked them why they didn't deliver it?

Did you use the correct address? Or doesn't the PO know where the SO's offices are located?

The SO has someone to sign for such things, since they regularly are required for legal service of process.
https://en.wikipedia.org/wiki/Service_of_process
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