CGN Fire Mission: Need A List of CCW Issuing Agencies That Violate State Law!

[obeygiant]

Del Norte County - Updated

CCW Application
CCW Policy

Policy

Concealed Weapon License

218.1 PURPOSE AND SCOPE218.1.1 APPLICATION OF POLICY218.2 QUALIFIED APPLICANTS
In order to apply for a license to carry a concealed weapon, the applicant must meet the following requirements:
(a) Be a resident of the County of Del Norte.
(b) Be at least 21 years of age.
(c) Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Puplic Records Act.
(d) Be free from criminal convictions that would disqualify the applicant from carrying a concealed weapon. Fingerprints will be required and a complete criminal background check will be conducted.
(e) Be of good moral character.
(f) Show good cause for the issuance of the license.
(g) Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied.
(h) Provide proof of ownership and registration of any weapon to be licensed for concealment.
(i) Be free from any medical and psychological conditions that might make the applicant unsuitable for carrying a concealed weapon
(j) Complete required training.

218.3 APPLICATION PROCESS
The application process for a license to carry a concealed weapon shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied.

218.3.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS)1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination.
2. If an incomplete CCW Application package is received, the Sheriff or authorized designee may do any of the following:

(a) Require the applicant to complete the package before any further processing.
(b) Advance the incomplete package to Phase Two for conditional processing pending completion of all mandatory conditions.
(c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a CCW Permit even if the package was
completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause).

(b) At the time the completed application is submitted, the applicant shall submit a check made payable to the Del Norte County Sheriff's Department, to cover all cost.(e) The applicant shall submit proof of ownership and registration of each weapon to be licensed for concealment. 218.3.2 PHASE TWO
This phase is to be completed only by those applicants successfully completing phase one.
(a) Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Sheriff or authorized designee. During this stage, there will be further discussion of the applicant's statement of good cause and any potential restrictions or conditions that might be placed on the license.

1. The determination of good cause should consider the totality of circumstances in each individual case.
2. Any denial for lack of good cause should be rational, articulable and not arbitrary in nature.

(b) The applicant may be required to provide written evidence from a licensed physician that the applicant is not currently suffering from any medical condition that would make the individual unsuitable for carrying a concealed weapon. All costs associated with this requirement shall be paid by the applicant. Failure to provide satisfactory evidence of medical fitness shall result in removal of the applicant from further consideration.218.4 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED WEAPON

(a) The applicant physically spends a substantial period of working hours in the applicant's principal place of employment or business within the County of Del Norte.
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance.
(c) The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides.
(d) Any application for renewal or re-issuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides.

[obeygiant]

Del Norte County p.2

218.5 ISSUED CONCEALED WEAPONS PERMITS
In the event a license to carry a concealed weapon is issued by the Sheriff, the following shall apply:
(a) The license will not be valid outside the state of California;
(b) The license will be subject to any and all reasonable restrictions or conditions the Sheriff has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the concealed firearm.(c) The license will be valid for a period not to exceed two years from the date of issuance.(d) The licensee shall notify this department in writing within ten days of any change of place of residency. If the licensee moves out of the county of issuance, the license shall expire ninety (90) days after the licensee has moved.

218.5.1 LICENSE RESTRICTIONS
(a) The Sheriff may place special restrictions limiting time, place and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from any of the following:

1. Consuming any alcoholic beverage while armed
2. Falsely representing him or herself as a peace officer
3. Unjustified or unreasonable displaying of a weapon
4. Committing any crime
5. Being under the influence of any medication or drug while armed
6. Interfering with any law enforcement officer's duties
7. Refusing to display his/her license or weapon for inspection upon demand of any peace officer

(b) The Sheriff reserves the right to inspect any license or licensed weapon at any time.
(c) The Sheriff limits each applicant to three approved firearms
(d) The alteration of any previously approved weapon including, but not limited to adjusting trigger pull or other modifications to function shall void any license and serve as grounds for revocation.

218.5.2 AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Department in orderto accomplish one or more of the following:

(a) Add or delete authority to carry a firearm listed on the license
(b) Change restrictions or conditions previously placed on the license
(c) Change the address or other personal information of the licensee

In the event that any amendment to a valid license is approved by the Sheriff, a new license will be issued reflecting the amendment(s). An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.

218.5.3 REVOCATION OF LICENSES
Any license issued pursuant to this policy may be immediately revoked by the Sheriff for any of the following reasons:
218.5.4 LICENSE RENEWAL
No later than 90 days prior to the expiration of any valid license to carry a concealed weapon, the licensee may apply to the Sheriff for a renewal by completing the following:

(a) Verifying all information submitted in the original application under penalty of perjury
(b) The renewal applicant shall successfully complete a firearms safety and proficiency examination with the weapon to be licensed, to be administered by an approved Firearms Instructor, including completion of all releases and other forms
(c) Payment of a non-refundable renewal application fee

218.6 DEPARTMENT REPORTING AND RECORDS

• The denial of a license
• The denial of an amendment to a license
• The issuance of a license
• The amendment of a license
• The revocation of a license
• The Sheriff shall annually submit to the State Attorney General the total number of licenses to carry concealed weapons issued to reserve peace officers and judges.

218.7 CONFIDENTIAL RECORDS

[Kicker0429]

Merced County CCW Policy

Gray, do you still need the CCW policy for Merced County? I do not mind blowing $50 on a good cause, but I will only do so if it is really needed.

[bigcalidave]

I'm pretty sure that they can't charge you for the information. Only when you submit an application, so they would have to give you policy and the app.

[obeygiant]

Santa Cruz
CCW Application
CCW Policy
Fee Schedule - 6/17/09
Fee Schedule - 6/23/09

SUBJECT: CONCEALED WEAPON PERMIT

POLICY
It shall be the policy of this Offce to accept applications for concealed weapon (CCW) permits and to issue those CCW permits at the discretion of the Sheriff
PURPOSE
To set forth guidelines for application, review and issuance of concealed weapon permits.
REFERENCES
Penal Code Sections 12050 through 12054

PROCEDURE
I. Concealed Weapons Permit

A. Administration
1. The application and review process will be administered by the Crime Scene Investigation Section of the Investigation Division.
2. Authority for the approval or denial of the permit comes from the Sheriff.
3. The files for all permits and denials will be maintained by the Crime Scene Investigations Section.

a. All permit denials will be kept on file for a period of five years.
b. Approved permits will be kept on file as long as they are valid and for five years after their expiration.

B. Criteria
1. The applicant must meet the following criteria:

a. Be of good moral character.
b. Be at least 21 years of age.
c. Successfully complete a firearms training program approved by the Sheriff which includes a minimum of four hours instruction on firearm safety and the law regarding the permissible use of a firearm.
d. Show good cause for the issuance based on substantial evidence of a clear and present danger to life or great bodily harm to the applicant or immediate family which cannot be adequately dealt with by existing law enforcement resources and which cannot be reasonably avoided by alternate measures. The danger must be significantly mitigated by the applicant's caring of a concealed weapon.
e. The applicant must live in the unincorporated area of Santa Cruz County or spend a substantial period of time in their principal place of business or employment in the unincorporated area of the County.

2. A license shall not be issued if the applicant is in the prohibited class described in Section 12021 or 12021. 1 of the Penal Code or Section 8100 or 8103 of the Welfare and Institutions Code.

C. Restrictions
1. All persons issued a Concealed Weapon Permit agree to such reasonable restrictions as set by the Sheriff The applicant will not:

a. Consume alcoholic beverages while caring a concealed weapon,
b. Be under the influence of any medication or controlled substance.
c. Unjustifiably display the concealed weapon or any other deadly weapon.
d. Impede law enforcement officers in the performance of their duties.
e. Represent to any person that they are peace officers unless the permit holder is a peace officer as defined by law.
f. Violate any law.

2. Holders of any Concealed Weapon Permit shall provide their permit for inspection by any peace officer upon demand.

D. Application Process
1. Applications may be obtained from the Sheriffs Records Section or from any Sheriffs Service Center.
2. The completed application must be returned to the Crime Scene Investigation Section where it will be reviewed.
3. The Sheriff, or his designee, will pre-screen the application for completeness and for sufficient "good cause."
4. Application fees, as established by the Department of Justice, will be collected prior to processing of the application. Application fees required by the County will be collected at the time of issuance of the permit.
5. Fingerprints will be taken for the required submittal to the Department of Justice for a criminal history check.
6. A photograph will be taken at the time of fingerprinting and kept in the applicant's file.
7. Applicants will provide proof of an acceptable firearms training class with the application.
8. Applicants will be notified whether a new or renewal license has been approved or denied within 90 days of application or 30 days after receipt of applicant's criminal background check from the Department of Justice, whichever is later.

E. Types of Permits
1. Employment CCW

a. Issued to persons who spend a substantial period of time in their principal place of business or employment in the unincorporated area of Santa Cruz County. Such license shall be valid only in the county in which it is issued. The licensee is required to furnish a copy of their license to the licensing authority where they reside.
b. Term: up to 90 days.

2. Standard CCW

a. Issued to residents who live in the unincorporated area.
b. Term: Up to 2 years.

3. Judge CCW

a. Issued to California Judges, full time Court Commissioners and to Federal Judges and Magistrates of the Federal Courts.
b. Term: Up to 3 years.

4. Peace Officer CCW

a. Issued to Reserve Police Officers appointed pursuant to 830.6 P.C.
b. Term: Up to 4 years or upon conclusion of their appointment.

5. Custodial

a. Issued to Custodial Officers as defined in 831.5 P.C
b. Term: Up to 4 years or upon conclusion of their employment.

6. Crime Scene Investigation personnel will notify the Department of Justice of the number of permits issued as Peace Officer CCW or Judge CCW annually in January.

F. Renewals
1. Crime Scene Investigation staff will send applicants a renewal notice approximately one month prior to their renewal date.
2. Renewal applicants wil be required to successfully complete a training course as approved by the Sheriff on firearms safety, weapon handling and the lawful use of firearms. The course of training shall be no less than four hours.
3. Crime Scene Investigation personnel will issue CCW renewals at the discretion of the Sheriff.
4. A renewal fee is required along with proof of above training.
5. A photograph will be taken at the time of issuance of any CCW renewal.
6. An Employment CCW may only be renewed with the concurrence of the licensing authority where the licensee resides.

G. Amendments
1. A licensee may apply for an amendment to their license for any of the following reasons:

a. Change of address.
b. Add or delete the authority to car a particular weapon.
c. Change the restrictions or conditions on the license.

2. The licensee is required to notify the Sheriff, in writing, within 10 days of any change of address. If the licensee changes their residence to another county, the license shall expire 90 days after the licensee moves to the other jurisdiction if the residence of the licensee was a condition in the issuing of the license.
3. Such request for amendment shall be completed, in writing, on a form approved by the Department of Justice. The licensee will be required to submit fees for processing as approved by the County.
4. If approved by the Sheriff, a new license will be issued reflecting the amendments. Such amended license shall not constitute a renewal and may not extend the term of the current license.

H. Revocations / Cancellations
1. Crime Scene Investigation personnel shall immediately revoke the license of any person upon being notified by the Department of Justice that they fall. into the prohibited class described in section 12021 or 12021.1 of the Penal Code or section 8100 or 8103 of the Welfare & Institutions Code.
2. At the discretion of the Sheriff, a license may be revoked if it is determined that the licensee has violated any of the restrictions established by the Sheriff or conditions on the license.
3. At the discretion of the Sheriff, a license may be canceled if it is determined that any of the conditions for issuance have changed or are no longer applicable. Prior to such cancellation, the licensee will be notified, in writing, of the intent to cancel and given the opportunity to apply for an amended license if applicable.
4. Crime Scene Investigation personnel shall immediately notify the Department of Justice and the licensee, in writing, of any revocation or cancellation of a license.

[Gray Peterson]

Update 8/3/2010:

I wanted to let everyone know that we are still in the process of gathering data and information. The information gather process on CCW application processes is nearly complete. We have found some very surprisng and very interesting requirements of CCW applicants which are clearly unlawful and illegal under state law.

Because of the fact that we have 58 sheriffs offices to police under state law, my team is currently in "triage treatment" mode.

For example, we have one county which is entirely refusing to take CCW applications until 1/1/2011, due to "budget cuts" (this is due to unneccesarily monetizing the process rather than just accepting "self defense" and doing the state DOJ check as their surrounding counties do). One member of my team is taking point on this issue.

Also, we have one county who nearly all of their unlawful requirements in terms of town red-lining, and other various illegalities in process which are too numerous to post. There are only two things left, so my job is not yet finished. I am taking point on this particular issue.

Announcements will be made on the individual counties fixed.

[morfeeis]

What do you want to know. Shasta County wants you to complete the training requirements before going in for the interview. They will give you an interview BEFORE charging you the fees, and if you are unlikely to receive a permit they will probably tell you not to bother. Likewise, if you call up before taking any classes with a question about your history they will give you a recommendation either way.

For other info, they only require 12-16 hours of approved training, and no qualification on individual weapons. You can change weapons at any time on your permit (3 maximum) for $10.

Total initial cost at the Sheriffs office is $155.

Time to issue after an interview is around 1 month. Interviews are walk in, there are no 6 month waits like many other counties.

Thanks!

I need to move to shasta......

[taperxz]

Currently the sheriff in Lake county requires two letters of reference from citizens (friends) in Lake County in order to get a ccw

[Crom]

Gray thanks for the update. I am glad to know that this is still moving forward.

[TakeFive]

OK, I'll admit up front that I only read posts 104-144, but my opinion is that they all violate the law to some extent. This is because they are allowed to interpret, to their own ends, what the law actually says and there is no recourse in the courts that allows that interpretation to be challenged. CCW in this state is completely F...ed up and we all know it. You can live in a "lucky county" or not, but the principles of the Constitution and the CA state laws are being violated regularly.

[Gray Peterson]

OK, I'll admit up front that I only read posts 104-144, but my opinion is that they all violate the law to some extent. This is because they are allowed to interpret, to their own ends, what the law actually says and there is no recourse in the courts that allows that interpretation to be challenged. CCW in this state is completely F...ed up and we all know it. You can live in a "lucky county" or not, but the principles of the Constitution and the CA state laws are being violated regularly.

I agree. There are only TWO counties that comply with the law 100 percent. However, I am not interested in smacking Mendocino County for requiring all fees up front yet. No point. They issue for self defense. They'll get a nice friendly reminder and I expect them to easily comply.

We have bigger problem children in our path.

1) Fee compliance (PC12054 compliance)
2) Town residency discrimination and process stupidity (Salute v. Pitchess Compliance)
3) Keeping the sheriff's discretion in licensing kept to the big three: Good cause, good moral character, and acceptance of training (subject to equal protection). Any other discretionary provisions, such as accepting only certain kinds of guns, and so on, is invalid.
4) Actually accepting applications and not giving people problems in applying.

[Purple K]

FYI... The Solano County Sheriff updated their CCW policy in July.

[D-Man]

Are we still keeping this at the county level? Or are you looking for cities now that violate the law?

[Gray Peterson]

We're still keeping it to County at this time. If there are really obvious illegalities, Fountain Valley charging 500 bucks for a CCW, for example, let us know, but we're focused on counties because they are easier to police.

[N6ATF]

Very punny.