Help with California CCW; ATTN JIM MARCH!


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artherd
February 23, 2004, 08:13 PM
I've called the Petaluma police, and Sonoma County Sherrif.

Right now, Petaluma does not have a police chief proper, just an 'interm' cheif by the name of Tom Simms who has served since 2002 when Pat Parks retired. I was told by his secretary that he will flat out not sign anything, for 'liability reasons'.


The sherrif's office, even when I explained the Petaluma situation, is saying that they have an agreement in place to subjugate to the local municipalities for CCW, and that they 'cannot and willnot' break that.

Are there any magic words I can use to conviince the SD to handle my issueance directly?

I think I have a pretty solid good cause statement prepared (similar to a jewler, but I work with, ah, gear that you'll have to read my Good Cause statement to learn about :) Not that it's any secret, but may make me a target for thefts) So, I think I stand as good a chance as anybody when my case is actually heard.

Thanks!

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Pendragon
February 23, 2004, 10:20 PM
The Police Chief can opt out and refer everyone to the Sheriff, but the Sheriff cannot refer people to the Police Chief. That is illegal.

Unfortunately, you may have to sue to make them take your app.

The courts have ruled that while the Sheriff has discretion in issuance, a policy of non issuance is NOT using discretion - it must be exercised in every case.

Again, you may have to sue.

An alternative tactic may be to present the SD with a PRAR requesting all public records pertaining to CCW issuance - including the CCW manual which they are required to have.

When I sent the PRAR to Sacramento SD, they sent me an application and referred me to talk to someone who asked what I really wanted to know and why I was doing this. I was only after information, but later, after talking to Jim, it struck us that maybe they sent me an app and were trying to get me to apply and possibly give me a CCW just to shut me up since I had Jims industrial strength PRAR that certainly made them uncomfortable.

I did not apply - did not want a CCW that way and did not want to get shot down otherwise.

So you are in the unfortunate position of having to force someone to make a decision about you where you really want them to go your way - I would bet 10 to 1 that any Sheriff you "force" to exercise discretion is going to find you "not worthy".

Many SD and PDs in CA seem to be skittish right now - perhaps the PRAR fiascos are making waves in their world and they don't want to get involved, much less, "exposed".

Perhaps a side effect of pointing out all the corrupt issues is to make a lot of them just think "why give it to anyone for any reason?" Even the ones that are inclined to give it for rare cases like yours may feel the exposure to being called corrupt is just to great - much better to be "honest" and issue to nobody.

Just my random thoughts - I live in TX now so as soon as I am working again, I will get my CHL here - no muss, no fuss.

Good luck to you.

Jim March
February 23, 2004, 10:43 PM
Yup - this is a VERY common form of abuse.

It's made worse because this "townie discrimination" is almost never applied to judges, DA staff or reservists. It's a Salute vs. Pitchess violation. See also http://www.equalccw.com/salute.html

Hmmmmmmm.

Drop me EMail. Let's talk in private. I've got an idea, wanna run it past you before we try this.

jmarch@prodigy.net

artherd
February 23, 2004, 10:49 PM
Well, I certinly don't want to force any hands that I don't need to. Much better to make friends instead of enemies. But I will have a CCW. I may soon have a residence outside city limits anyway. (but that's not certin as of yet.) Petaluma may soon get a COP as well. (within a week.) Things continue to get intresting.


Jim, you've got mail! (thanks btw.)

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