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CA CCW Interview: So Close...Yet So Far...(long)

Discussion in 'Legal' started by Sawdust, Jan 25, 2006.

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  1. Sawdust

    Sawdust Member

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    So I go in to the county sheriff's office for my CCW interview.

    I had submitted my application in October 2004 (yes, 2004 - that's not a misprint) and they had finally gotten to mine a couple of weeks ago to do my background check. Although state law requires that applications be reviewed and dispositioned within 90 days of submittal, apparently my county sheriff does not seem to believe that obeying the law is a requirement of his department.

    Having investigated me and determined that I was of suitable breeding stock, the next step was an interview to review the application and expand/clarify on the application questions as necessary (as determined, of course, by the sheriff's representative).

    The process for CCW licensing in California is to fill-out a standardized application and submit it to the licensing authority (who, in my case, is the county sheriff).

    The statutes specifically state that the applicant "shall not be required to complete any additional application or form for a CCW license, or to provide any information than that necessary to complete this standard application for except to clarify of interpret information provided herein".

    OK. With the backstory complete, on to the interview. The gentleman who I met with was a civilian employee of the sheriff's department, and his sole job is to review the application, conduct the background check and applicant interview, and then submit a written report to the undersheriff who approves or disapproves the granting of the license.

    The interviewer was polite and professional, and he proceeded to run through the application and repeated the questions listed therein and asked for more detail on some of my written answers.

    Now, the "big part" of a CA CCW application is the "Good Cause Statement" - one has to justify one's reason(s) for asking to be granted a license to carry - and "self-protection" is not a sufficient reason alone. People who are issued a license to carry must articulate additional circumstances that might put them in danger - e.g., frequently carry large amounts of cash or valuables whilst travelling in "bad places".

    As an avid woodworker, I frequent material suppliers that are located in known gang areas; I also have a very good friend who is a general building contractor, and I do many favors for him (pick-up supplies, cabinets, build fireplace mantles, bookcases, install finish work, etc.). These activites cause me to frequent my suppliers even more and, in addition to having large amounts of cash on-hand to make my purchases, I am also carting around a truckload of tools and equipment that is easy to fence and thus makes me a desireable target. All of this is in addition to my regular day job, so I am doing these things either very early in the morning or in the evening. So, there is the essence of my "good cause".

    The interview went very well until the end. The interviewer indicated that he was done with his questions, and asked me if I had any. I asked what the procedure was from here. He stated that he would write-up his report, and then forward it up the chain of command.

    Then he said that before he would forward the application package, I had to supply two additional things: One, I was instructed to get a business license to formalize my activities where I helped my friend (or become an official employee of his business) and two, I had to have the an official of the company where I work write a memo to the sheriff stating that I have notified my company that I am applying for my CCW and that I have been apprised of the company's policy regarding carrying a concelaed firearm! :fire:

    I told the interviewer that I saw no reason to discuss my CCW application with my employer, that I was fully aware of my company's policy regrading the possession of firearms, and that my compliance with the policy was an issue solely between myself and the company for which I work.

    I see no benefit in notifying officials at my place of work that I am a firearms enthusiast - this information may in fact harm my standing in the company due to obvious reasons. :scrutiny:

    The business license issue is a grey area; I'm really just helping my friend out although sometimes I *do* receive compensation occasionally from my friend usually in the form of work-in-kind on my house, but whenever he has paid me any substantial cash it came with a 1099.

    Anyways, it's the memo-from-work thing that I think is a deal-killer; although I beleive that the sheriff is requiring the memo to cover their butt (I think it is a case of their fear of legal exposure if they issue a CCW to someone who subsequently goes postal at work) and not playing big-brother, I still think that they are completely out of line and have no right to make this memo a condition of granting my CCW - it was made clear to me that my application package would be sitting in limbo until I providee both of the above items.

    At this time, I am leaning towards writing a letter to the sheriff stating my objection to the above additional application requirements and thus I am withdrawing my application.

    Opinions?

    Sawdust
     
  2. fjolnirsson

    fjolnirsson Member

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    I would say to get thee to a lawyer, my friend. See if you can contact Jim March. He's been helpful to others in CA.
     
  3. LAR-15

    LAR-15 Member

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    Lawyer up.

    Your sheriff is breaking the law.
     
  4. Jim March

    Jim March Member

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    What fees have you paid so far?

    DO NOT mention your county in public. At some point we need to chat offline, I may have some clues for you specific to your area. jmarch@prodigy.net - I'm well known around here and am webmaster at www.equalccw.com which is getting a major update within a week or two.
     
  5. Sawdust

    Sawdust Member

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    Jim:

    Thanks for responding - I'd hoped that you would pass by.

    Actually, you are the one who started all of this; don't you remember Your PRAR war? You asked people from all CA counties to apply so that you could gather certain data? :eek:

    Check your PMs when you get a chance.

    Sawdust
     
  6. Standing Wolf

    Standing Wolf Member in memoriam

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    Nobody asked me any of that kind of silly nonsense in Colorado. The only questions was whether the towel I used to wipe off the finger print ink did the job well enough.
     
  7. trueblue1776

    trueblue1776 Member

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    If I had money I'd hook you up, those guys are so full of themselves.

    What county?
     
  8. Sawdust

    Sawdust Member

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    Response to your CA CCW post

    deleted
     
  9. WvaBill

    WvaBill Member

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    Fingerprints? We don't need no stinkin' fingerprints.
     
  10. ElTacoGrande

    ElTacoGrande Member

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    Dude you are lucky that you have a procedure for getting a CCW in CA. I wish they were available here where I am. I would just go with it if at all possible. I know your sheriff is breaking the law, but what can you do.

    Of course, remember all this next time he comes up for election.
     
  11. CAnnoneer

    CAnnoneer Member

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    Lawyer seems necessary.

    One can have all the justice one can afford. :barf:
     
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