Santa Clara

[non sequitur]

Santa Clara County Sheriff's Office CCW

It would seem someone at the East Bay Times is paying attention...

https://www.eastbaytimes.com/2020/08/06/da-to-reveal-results-of-sheriff-corruption-probe-into-concealed-gun-permits/

Page 13 of the Indictment, Count 7 - specifically names a "Mike Wasserman"

That would be Santa Clara County District 1 Supervisor Mike Wasserman.

[Paladin]

She's going to plea bargain. That was Sheriff Baca's mistake and everyone knows it. He could have probably plead to something small and not died in a prison hospital.

A sad ending for CA's first female sheriff and CA's longest serving sheriff ever....

"You give a man (or woman!) enough rope and they'll hang themselves."

But don't forget: presumed innocent until proven guilty (or confesses/pleads guilty).

ETA: It looks like Carona has been released from fed prison and is still alive: https://en.wikipedia.org/wiki/Mike_Carona

[Paladin]

Carona was indicted on Oct 30, 2007. He resigned on Jan 14, 2009.
BoS was replaced him with interim Sheriff Jack Anderson, a member of Carona’s senior staff who slipped the noose.
Hutchins was an LASD commander and was hired on Jun 10, 2009.

Also, Carona was sent to a federal facility in Colorado. There is no way a Sheriff is going into their own jail or state prison.

Going by that timeline, assuming Smith is indicted by Oct 01, we're looking at roughly 2022 Jan for Smith to leave office. But Carona was in fed ct facing fed charges and different level of complexity/evidence, I don't know if this will go faster or slower.

Carona got nailed with federal crimes whereas Smith is facing state charges, so women's state prison for her.

I wonder if Smith will clean up her CCW process while she's still in office? I guess yes, she'll have to. She can't leave the process, such as it is, in place as the trials proceed.

[Imperius]

i applied for a permit years ago and literally never heard back. if a Heller sort of lawsuit is brewing, should i apply again? i have the money to fight for us but how can i be a plaintiff if they were just throwing applications in the trash and kept no record?

[Paladin]

"right to keep and BEAR arms"...

Don't know anything about a 'legitimate need' requirement.

I always take the simple approach, if anything you suggest applies to 1A without you laughing then it can possibly apply to the 2A.

"She could have solved this problem for herself by issuing right to tweet / right to attend church / right to gather in a park licenses to people with legitimate needs"

You might want to read the Preliminary Matter I posted at

http://www.calguns.net/calgunforum/showthread.php?t=1482924

CA CCWs have nothing to do with the fed. Con BoR's 2nd A, they're authorized by CA state statutory law. Those who want to exercise their 2nd A RBA have been frustrated by Kennedy and, now apparently, Roberts (along with the "living, breathing" Leftists justices). Even people carrying in Constitutional Carry states are only carrying because their states allow anyone who can own a handgun to carry it, not because of fed Con BoR 2nd A rights. They have no more federal protection of their ability to carry than we in the PRK do.

[CCWFacts]

"right to keep and BEAR arms"...

Don't know anything about a 'legitimate need' requirement.

I always take the simple approach, if anything you suggest applies to 1A without you laughing then it can possibly apply to the 2A.

"She could have solved this problem for herself by issuing right to tweet / right to attend church / right to gather in a park licenses to people with legitimate needs"

I get what you're saying but so far the 9th circuit and SCOTUS haven't supported those concepts.

The closest we came was the Peruta case where the en banc finally said, "Maybe there is a right to bear arms, but you asked for a certain type of permit, and there isn't a right to that permit, so ask us again if there's a right to bear arms and we'll think about it." And that's in progress, in the Young case, which should have an en banc ruling in 2021 or 2022, and then on to SCOTUS perhaps in 2022 or 2023, and what happens there will depend largely on who wins the election in November.

I'll remind you that many countries, including Mexico, the United Kingdom and North Korea, have a RKBA in their constitutions, and it's not worth the ink it's written in because there's no court to enforce it.

[Paladin]

I get it. Young v Hawaii if scotus had taken it up would have federalized it. My point still stands that the GC requirements in may issue states don't pass the smell test.

Some states allow open carry but require a ccw, so at least your right to bear arms has not been infringed, but states like California outright ban open carry and restrict ccw in many areas. Applying to 1A it would not pass the smell test.

The problem is gunnies blame the sheriff/chief or Sacto when the real blame is with federal judges, esp SCOTUS.

CCWs and the CCW law have NOTHING to do with the 2nd A right now, they're a separate track to carry. Well, how do we carry under our fed. Con. BoR 2nd A RBA? That's what we're all waiting for SCOTUS to take up and decide and they've been avoiding addressing the 2nd A RBA ever since McDonald.

If Trump looses this Nov, expect SCOTUS to say it's the right to carry your handgun from your bedroom into your living room....

[NorCalBusa]

Now it will go quiet again until after the election...or a year- whichever is longer.

[Paladin]

Hmm. I don't notice any change that took place on 2020 Aug 11th. It even still talks about a backlog from the Peruta case, which died over 3 years ago (cert denied 2017 June).

https://en.wikipedia.org/wiki/Peruta_v._San_Diego_County

Do you see any changes???

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

Maybe the embedded email address to contact the SO w/questions? That's an unusual looking address and I think I would have remembered it if it was that address before.
SHF.SOCCW@shf.sccgov.org

Concealed Carry Permits (CCWs)

Licenses for the carrying a concealed weapon (CCW) are issued by the Sheriff and registered with the California Department of Justice pursuant to provisions associated with California Penal Code Sections 26150–26225.

The Sheriff may issue a license to any person residing within Santa Clara County. However, persons residing in a municipality other than those served by the Sheriff's Office are encouraged to first contact their local police chief and apply for the license.

The Santa Clara County Sheriff's Office is currently accepting and processing CCW applications. However, due to the extremely large number of applications we received during the federal case Peruta v. San Diego, we have a tremendous backlog. At this time, we are not able to provide status updates on individual applications. Please be patient as we work our way through the backlog.

The Santa Clara County Sheriff's Office does not collect application fees at the time of application submission.

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 e-mail the Sheriff's Office.
Forms

CCW Application

CCW Policy

CCW Policy
CCW Range Qualification

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Last updated: 8/11/2020 11:32 AM
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[non sequitur]

Santa Clara County Sheriff's Office CCW

Santa Clara County Sheriff Laurie Smith pleads the 5th Amendment during Grand Jury testimony.

Santa Clara County Undersherifff Rick Sung pleads the 5th Amendment during Grand Jury testimony.

https://www.sanjoseinside.com/news/exclusive-sheriff-laurie-smith-second-in-command-take-fifth/

[Paladin]

[Dvrjon]

It’s good to see that the Sheriff supports some people within her county to in the assertion and exercise of their Constitutional Rights.

My guess is they’ll go after Sung hard to drive him to a plea deal and roll on the Sheriff.

[lowend65]

A defendant pleading the 5th and crying on the stand... it's almost like they know they are caught...

[Spyduh]

I applied (for the 3rd time) in Dec 2019. Was told by the pretty and very friendly Public Relations Officer that I would hear from them in a few weeks. It's now mid June and zero response. I guess I'll try calling them too as well as dropping by the office.

Pathetic. Laurie Smith has flat out ignored multiple applications of mine for the past 6 years. Like they never existed.

you're not the only one. I personally dropped off my application Feb 2014 and never got a response like it never existed.

I however got the window officer to sign an acknowledgment of receipt as proof I submitted my application. Probably not really worth anything but maybe? I know they are legally supposed to respond but never did.

[ColdDeadHands1]

you're not the only one. I personally dropped off my application Feb 2014 and never got a response like it never existed.

I however got the window officer to sign an acknowledgment of receipt as proof I submitted my application. Probably not really worth anything but maybe? I know they are legally supposed to respond but never did.

I did the same. I have a signed acknowledgement of receipt for one and a certified mail receipt for the other. I've now called and left multiple VM's as well as emailed the info email about any current app. All documented and with no response.