Tweet
I walked my CCW Application into the SCC Sherriff's office today. I have to say the officers manning the desk were very helpful.
Right now I'm reading the FAQ's and came across something that troubles me:
Per the officer on site, all was was to do was turn in the paperwork. No fingerprints were taken, no fee was collected. I was basically told they would send the paperwork "upstairs" and the officer in charge would contact me.
Mind you, they had me sign and date all aspects of the application while standing there.
Do I have a bone to pick with the SCC Sheriff if I'm not contacted in 90 days?
Statement from the SCC Sherriff website
Can they legally hold my permit application ?
Right now I'm reading the FAQ's and came across something that troubles me:
When should I get a determination on my application? Isn’t there a 90 day deadline?
Cal. Penal Code section 26205 states:
“The licensing authority shall give written notice to the applicant indicating if the license under this article is approved or denied. 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 of the applicant’s criminal background check from the Department of Justice, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied.”
(Emphasis added.)
It is important to note that some licensing authorities employ a delaying tactic by not taking fingerprints (which initiates the CA DOJ background check process), therefore allowing them to “sit” on an application indefinitely due to the second deadline test in 26205. However, such delaying tactics are unlawful.
Cal. Penal Code section 26190(a)(3) establishes that applications are to be made in person, and that the licensing authority has specific statutory duties with respect to the acceptance and processing of applications. (“The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice.” (Emphasis added.).)
That same duty to collect fingerprints and the CA DOJ background check fee is found in section 26185(a)(1). (“The fingerprints of each applicant shall be taken and two copies on forms prescribed by the Department of Justice shall be forwarded to the department.” (Emphasis added.) Note that while the statutes refer to the old-style ink fingerprint cards, the CA DOJ has in practice mandated that their LiveScan service be used for this purpose.)
Cal. Penal Code section 26205 states:
“The licensing authority shall give written notice to the applicant indicating if the license under this article is approved or denied. 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 of the applicant’s criminal background check from the Department of Justice, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied.”
(Emphasis added.)
It is important to note that some licensing authorities employ a delaying tactic by not taking fingerprints (which initiates the CA DOJ background check process), therefore allowing them to “sit” on an application indefinitely due to the second deadline test in 26205. However, such delaying tactics are unlawful.
Cal. Penal Code section 26190(a)(3) establishes that applications are to be made in person, and that the licensing authority has specific statutory duties with respect to the acceptance and processing of applications. (“The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice.” (Emphasis added.).)
That same duty to collect fingerprints and the CA DOJ background check fee is found in section 26185(a)(1). (“The fingerprints of each applicant shall be taken and two copies on forms prescribed by the Department of Justice shall be forwarded to the department.” (Emphasis added.) Note that while the statutes refer to the old-style ink fingerprint cards, the CA DOJ has in practice mandated that their LiveScan service be used for this purpose.)
Mind you, they had me sign and date all aspects of the application while standing there.
Do I have a bone to pick with the SCC Sheriff if I'm not contacted in 90 days?
Statement from the SCC Sherriff website
Applicants that seek a CCW permit under the self-defense standard set forth in Peruta will be processed in the order they are received should the decision of the Ninth Circuit become final. Once the decision becomes final, applicants will be contacted by the Sheriff’s CCW Unit with instructions on how to complete the process.
Comment