PC 26205 - explain it to me like I'm 5

[Ron Jeremey]

The 90 day time period starts on your interview date, when the issuing agency officially accepts your permit application and you are live scanned by them.
The 30 day time period starts when the issuing agency gets the results of being live scanned from CA DOJ.
Which ever time period takes longer is the deadline they must notify you that you are approved or denied.

Bottom line...
None of the legally mandated time periods start until you are live scanned by your issuing agency, which happens when they officially accept your application at your interview.


Scheduling an appointment or submitting an online application does not start any of the time periods.
Nothing an applicant can do can speed up the time periods.

The issuing can approve an application and delay issuance until all legal requirements are completed by the applicant.
^Example: You are approved, then do their range qualifications, then get issued your permit.
The time periods are for notification of approval/denial and not for when they must issue the carry permit.

Contact CA DOJ and submit a compliant that your issuing agency is violating PC 26205 because they have not notified you of your approval/denial status within the mandated time periods.


When you are live scanned, ask for your ATI number.
You can then check the status of your live scan on the CA DOJ website (CA DOJ Applicant Background Check Status).
^Checking your status will help you determine when the 30 day time period starts.

PC26205 says "initial application". How can that be interpreted as "at the interview date"? The IA can postpone the interview indefinitely. Has this ever been litigated? Has anyone filed a writ of mandamus on a Sheriff for going past 90 days from the date an application was received by the Sheriff?

[Dvrjon]

PC26205 says "initial application". How can that be interpreted as "at the interview date"? The IA can postpone the interview indefinitely. Has this ever been litigated? Has anyone filed a writ of mandamus on a Sheriff for going past 90 days from the date an application was received by the Sheriff?

Since many agencies collect applicant information electronically through Permitium, many applicants have never seen/read the actual application. The last entry on the application is:

Witness Signature; Badge Number; Date

[AWE]

I find that hard to believe that MANY applicants have not seen or read the application that's your opinion and biased.

In Permitium the contractual form is signed time stamped and payment is accepted and enforced with a NO REFUND POLICY along with your signature under penalty of perjury in California and is a felony and is punishable by up to four years in jail.

Nothing specifies the interview date it is based on submitting the completed application. Contractual law and penal code law they are required to follow the 30 and 90-day timeframe, not the witness's signature review of the applicant's input. You haven't applied until they sign is illogical.

[Dvrjon]

I find that hard to believe that MANY applicants have not seen or read the application that's your opinion and biased.

[stoogescv]

I don't think we have any idea what date they receive the results of the firearms portion of the livescan from the DOJ. Just because it is posted to the website doesn't mean the CCW Unit has received the results. Do we know what the results look like? Is it just "pass" or "fail"? Or is there information that the issuing agency may need to review and compare with the answers the applicant gave on the application and in the interview?

Anyone is free to complain if they think it is too slow. If there is something in their records that does not match with what you said in the interview, and you push them to give you a decision, they can always deny you. Then where are you? Also, what is the remedy for running too long? Does it say somewhere that there is a remedy?

[AWE]

Everything you are discussing is in PC 26150-26155 allowing the agency's own policy requirements to be included.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=5.&title=4.&part=6.&chapter=4.&article=

A delay is a denial according to judges even in traffic court. If you pass the background and have training the agency denying that individual rights in the PC 26205 is responsible for infringements and discrimination of your 2A rights and a violation of the 14th amendment.