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Summary Probation prevent ccw?

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  • Vtgunner
    Junior Member
    • Jul 2009
    • 79

    Summary Probation prevent ccw?

    This might be a stupid question but i live in a "shall issue" county. If i am on summary probation for a wet reckless will it prevent me from getting a ccw until i am off summary porbation?
  • #2
    wildhawker
    I need a LIFE!!
    • Nov 2008
    • 14150

    Originally posted by Vtgunner
    This might be a stupid question but i live in a "shall issue" county. If i am on summary probation for a wet reckless will it prevent me from getting a ccw until i am off summary porbation?
    Sacramento may view that as indicative of other than "good moral character" and deny.

    -Brandon
    Brandon Combs

    I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

    My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

    Comment

    • #3
      Andy Taylor
      Senior Member
      • Dec 2007
      • 1367

      I know that Sac County will not issue to anyone with a DUI in the last seven years. Wet/Reckless is awful close to a DUI. My guess would be they won't issue, but I don't know for certain. It will cost you $20 to find out.

      Comment

      • #4
        Vtgunner
        Junior Member
        • Jul 2009
        • 79

        I have to admit I am slightly upset about the matter. I have letter of references from the County Supervisors. I have spoken to D'Agustini about the policy at many of the fund raisers I attended and hosted for him. In fact the wet reckless was a result of having to leave a birthday party for the District Attorney after having a beer with D'Agustini due to a family emergency.

        I was informed that it is because I am on probation not because of the arrest and that is the county policy. This is not stated in the policy and I would have served the jail time rather than be on summary probation in a heart beat if i had known of their policy.

        In fact my CCW instructor told me he had his CCW while on probation for DUI and he doubted it would be an issue. I guess this was before D'Agustini was elected. I am very tempted to do a FOI request to see if it is the policy.

        Can anyone recomend an attorney good at appealing these? Have any denials been successfully atttacked via a writ of mandate?

        Comment

        • #5
          wildhawker
          I need a LIFE!!
          • Nov 2008
          • 14150

          The discretion for moral character is fairly broad and courts will likely find in favor of the licensing authority but for clear violations of state or federal constitutional violations (e.g. Equal Protection). If you're in NorCal, I'd suggest attorney Donald Kilmer whose contact info can be found at www.calgunsfoundation.org/hotline.

          -Brandon

          Originally posted by Vtgunner
          I have to admit I am slightly upset about the matter. I have letter of references from the County Supervisors. I have spoken to D'Agustini about the policy at many of the fund raisers I attended and hosted for him. In fact the wet reckless was a result of having to leave a birthday party for the District Attorney after having a beer with D'Agustini due to a family emergency.

          I was informed that it is because I am on probation not because of the arrest and that is the county policy. This is not stated in the policy and I would have served the jail time rather than be on summary probation in a heart beat if i had known of their policy.

          In fact my CCW instructor told me he had his CCW while on probation for DUI and he doubted it would be an issue. I guess this was before D'Agustini was elected. I am very tempted to do a FOI request to see if it is the policy.

          Can anyone recomend an attorney good at appealing these? Have any denials been successfully atttacked via a writ of mandate?
          Brandon Combs

          I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

          My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

          Comment

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