Contra Costa

[Paladin]

How is this even legal? 30 days from the interview? The law is clear. It's 90 days from receipt of the application or 30 days from DOJ clearance.

You guys should look online into how to file a “writ of mandamus” with a state judge (since it is a violation of state law) at the county courthouse in Martinez, IIRC. It is basically the judge ordering a government official to obey the law.

You may want to consult with Don Kilmer or CD Michel first. (2A lawyers, check online)

[Ron Jeremey]

You guys should look online into how to file a “writ of mandamus” with a state judge (since it is a violation of state law) at the county courthouse in Martinez, IIRC. It is basically the judge ordering a government official to obey the law.

You may want to consult with Don Kilmer or CD Michel first. (2A lawyers, check online)

ah yes, the ol' writ of mandamus. That's magnanimous!

[Bobbie713]

has anyone, anyone at all gotten a reply after clearing DOJ? i cleared on 8/11, i figured there would be some silence after i cleared but just curious.

[Ron Jeremey]

has anyone, anyone at all gotten a reply after clearing DOJ? i cleared on 8/11, i figured there would be some silence after i cleared but just curious.

I don't think so. Has anyone cleared before 8/5? That's when I cleared, so my 30 days is coming up fast.

The problem is that the Sheriff think he can go 30 days from the day of the interview. I don't know what I'm missing, but I read 26205 to say that they must give an answer 90 days from the date of application, or 30 days from clearance.

[Bikercamper]

The problem is that the Sheriff think he can go 30 days from the day of the interview. I don't know what I'm missing, but I read 26205 to say that they must give an answer 90 days from the date of application, or 30 days from clearance.

90 days after submission or 30 days after clearance, whichever is longer.

[Richmonder]

90 days after submission or 30 days after clearance, whichever is longer.

My interpretation is a little different. The law states:

The licensing authority shall give this notice within 90 days of the initial application for a new license or a license renewal, or 30 days after receipt

Note that it states receipt of the background check, not completion.

It is possible that the Sheriff's office does not receive the results of the background check the same day it is completed. Hell, I wouldn't put it past the DOJ to still be sitting on many if not all of our results.

[Ron Jeremey]

It is possible that the Sheriff's office does not receive the results of the background check the same day it is completed. Hell, I wouldn't put it past the DOJ to still be sitting on many if not all of our results.

Doubtful. Every county has to wait for those, even those with CCW-friendly sheriffs. I was just poking around in the San Mateo County thread. A guy who cleared the same day as I already has a range qualification date.
No, it's not the DOJ holding things up. It's our Sheriff.

[Beanie]

Not that this is going to make anyone feel better, but I applied for and received a ccw when I was living in the OC. It took, basically a year for the license and that was a county that issued regularly. Below was my timeline (copied from a previous post):


12/7/15 – Completed license request form online.
12/10/15 – Sent email to Sherriff’s office to confirm they received my request for appointment.
1/15/16 – Submitted an additional license request form online (as I never heard back from my email or previous submission).
1/16/16 – Received response stating they were experiencing a high volume of requests and that they will be in contact with me shortly.
1/19/16 – Received an email with an appointment date of 5/24/16.
5/10/16 – Sent email to Sherriff informing them I would be out-of-town on 5/24/16, and I requested another appointment date.
5/10/16 – Received an email response with a new appointment date of 9/14/16.
7/7/16 – Submitted Livescan.
8/16/16 – Received an email with a new appointment date of 9/8/16.
9/1/16 – Received an email confirming my appointment for 9/8/16.
9/8/16 – Interview at OC Sherriff’s office.
9/11/16 – Residence check (I was at church. My Dad was at my house visiting from out-of-town, and answered the door. I assume they got what they needed as they did not come back. I’m not sure if they spoke to any of my neighbors, but I haven’t received any strange looks like why is a Sherriff at my door asking about you.
9/14/16 – Submitted additional data per Sheriff Officer’s request.
9/17/16 – Email received from Sherriff that performed interview that he was forwarding my file to the Lieutenant for “good cause” review. He said it would be a “few weeks” before I hear back.
9/28/16 – Called Live Scan hotline and my results still aren’t complete. Have been told this can take up to four months.
9/29/16 - received email from OCSD, that I was preliminarily approved pending my live scan results
11/30 - received email from OCSD that I was approved for CCW
12/6 - final appointment for pick up . . .

Part of the delay was my fault, for having to reschedule.

As an fyi, I moved to CCC in 2018 and gave up my license. I applied for the CCC license on 7/15 and completed my live scan two weeks ago. If ccc is anything like OC, we all have a long wait!

[TheWorm1]

[Ron Jeremey]

I don't understand how this has never been challenged in court. How are they able to just ignore the timeline required by Penal Code 25206?

[Ron Jeremey]

I reached out to my county supervisor because my emails and phone calls have been ignored. She called the Sheriff on my behalf and was told that they are swamped, with over 500 applications to process since early June.

[Beanie]

[Casoobaru]

I reached out to my county supervisor because my emails and phone calls have been ignored. She called the Sheriff on my behalf and was told that they are swamped, with over 500 applications to process since early June.

Yeah, and they will remain swamped and it will only get worse as long as they continue not to set interviews or qualifications. Sounds like the Sheriff just fed her a load of bs. Was her attitude tough luck?

[Ron Jeremey]

Yeah, and they will remain swamped and it will only get worse as long as they continue not to set interviews or qualifications. Sounds like the Sheriff just fed her a load of bs. Was her attitude tough luck?

The County controls their budget. She told me that the Sheriff is asking for the people to handle the backlog. She didn't address my point to her that the Sheriff may be in violation of State law (PC26205).

We don't know that they aren't setting interviews or qualifications. I'll take their word for it that there are 500 people in the pipeline. Only a few are on this forum.

[Ron Jeremey]

Agree 100%. We might become a priority if someone files a writ of mandamus. I'm not a lawyer, nor do I want to spend money on one. But I do have a template and I'm going to write one next week. It's $500 to file. I don't know if I can get that back if the judge grants it.