Encouraging Word from Northern California Court

Discussion in 'Legal and Activism' started by Sniper03, Feb 26, 2014.

  1. Sniper03

    Sniper03 Supporting Member Supporter

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    Thought I would share this with those in California if they were not aware.

    Concealed Carry Upheld in California

    The huge news out of California is the startling decision by the Ninth Circuit Court of Appeals that said California was, in effect, banning the carrying of guns for self defense in violation of the Second Amendment's guarantee to keep and bear arms. California requires that anyone applying for a concealed carry permit show "good cause," which then is judged by the local head of law enforcement. Often, this person or bureaucrat decides that you don't have "good cause" that's enough for you to get a permit. In reality, this has become a ban on concealed carry in many counties and cities, and the court's three-judge panel said, by a 2-1 vote, that this is contrary to the Supreme Court's decision in Heller. The "bear" part of "keep and bear" means to carry, so states must provide some way for people to carry guns for self protection.

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  2. rifleman1

    rifleman1 New Member

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    i am lucky because the county i live in is a shall issue county and has been saying self defense is a good reason.:)
     

  3. alsaqr

    alsaqr Well-Known Member Supporter

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    The federal 9th Circuit Court of Appeals declared the CA "may issue" law unconstitutional. The federal 3rd Circuit Court of Appeals ruled the putrid NJ "may issue" law constitutional. That circuit court split will have to be resolved by the US Supreme Court. That may happen this year since Drake vs Jerejian, the NJ Jersey case, is before SCOTUS as we speak.
     
  4. Ez2b

    Ez2b New Member

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    I believe that ninth district court only affected san diego all the other counties in california are as they were.
    And my county it also is a shall issue.
    sheriff wants to arm as many citizens as he can.

    One
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  5. mseric

    mseric New Member

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    The 9th Circuit is the largest. Any ruling from the 9th affects every state within the 9th.
    That would be MT, ID, OR, WA, NV, CA, AZ, HI AK and Guam.
     
  6. mseric

    mseric New Member

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    The next step would have been for Sheriff Gore to file for a rehearing of the "en banc" or full 9th circuit court.

    On Feb, 21 he issued a statement that he will not be requesting an "en banc" review. Which for now means that the ruling stands. Any of the 27+ judges within the 9th can still request an "en banc" full court hearing. They have until Mach 6th to do so.

    Nothing will happen until then.

    CA Attorney General Harris has stated that she will request a "en banc" review.
    Problem for her is that she has no dog in this fight and cannot request such a review. Only the Plaintiff, the Defendant or a Judge within the 9th can make this request. CA was not named in the Law Suit so she is Out-of-the-Loop.
     
  7. Ez2b

    Ez2b New Member

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    I was just going by there's another thread that we already have started on this on this forum and people were talking about it only affected San Diego and San Diego's only one worded.
    But any news is good news for california

    One
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  8. mseric

    mseric New Member

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    Hawaii is also a "May Issue" State within the 9th, that must comply if this ruling stands.
     
  9. FernandoTheCommando

    FernandoTheCommando New Member

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    Rhode island is a may issue state as well. Nearly impossible to get a carry permit here.

    Sent from my HTC One X using Firearms Talk mobile app
     
  10. mrm14

    mrm14 Active Member

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  11. rifleman1

    rifleman1 New Member

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  12. mrm14

    mrm14 Active Member

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    Sacramento County Sheriff’s Department

    Concealed Weapons Permit Issuance Policy and Application Process


    Flashlight Phone Charger



    Note: Team Billy Jack comments in red.


    Note: During 2010, and perhaps driven by the release of inmates and threatened reduction in number of deputies, Sacramento has started a more liberal issuance policy than before. Whereas in the past is was reportedly quite difficult to obtain a CCW in Sacramento County, TBJ understands that it has become much easier and that Good Causes that would once have been rejected are now being accepted. However, the following is still believed to be the officially published policy, even though it is not being applied so strictly.

    Therefore any person who believes that they have a need for a CCW should not be scared of applying.

    Issuance Criteria For Permit Applicants: •Minimum of one year residency in Sacramento County (time may be waived upon receipt of a letter from the Sheriff or Chief of Police from the applicant’s previous residency indicating the applicant is a citizen in good standing). (Policy) (This residency requirement could probably be successfully challenged in court)
    • Citizen of the United States. (Policy) (Illegal policy, cannot discriminate against legal residents - see Arnold George Dorsey (aka Engelbert Humperdinck) v. LVMPD )
    • Applicant must be 21 years of age or older. (Law)
    • No statutory prohibitions (based on applicant’s background, i.e., criminal history, drug addiction, no mental illness, etc.). (Law)
    • Employees applying for job related reasons, and/or to carry a weapon during course of business hours, must provide a letter of endorsement from their supervisor and/or manager endorsing the issuance of a permit. Applications will not be accepted without the required documents. (Policy)
    • Successful completion of a 64 hour hand gun training class (PC 832) or 16 hour Sacramento Sheriff’s Department approved training course (certificates required) which includes passing a written and firearms proficiency test. (Law as of 01/01/99)

    Note: Application for a Concealed Weapons Permit may be submitted prior to receiving training. A list of qualified instructors is on page 6.


    • Good cause exists for issuance of a concealed weapons permit as follows:

    General: The determination of good cause for the issuance of a concealed weapons permit is perhaps the most difficult aspect in this process. While every applicant may believe that he/she has good cause for a license, the Sheriff’s determination is based on consideration of public good and safety. (Law)

    Prima Facie Good Cause: The following are prima facie evidence of good cause for issuance of a concealed weapons permit:

    ◦ Applicant is a specifically targeted victim, as documented in official criminal justice records within an accompanying recommendation of an investigating peace officer (endorsed by the Department Head or Commander) that a concealed weapons permit be granted for reasons of personal safety. (Policy)
    ◦ Applicant is an active or honorably separated member of the criminal justice system directly responsible for the investigation, arrest, incarceration, prosecution or imposition of sentence on criminal offenders and has received threats of harm to person or family as a result of official duties.
    ◦ Applicant is a member of the immediate family of an active or honorably separated member of the criminal justice system as described above, and as a result of this familial relationship, has been the victim of criminal acts or threats as documented in official criminal justice records.


    Non-Prima Facie Good Cause:

    Good cause that is not prima facie as described above may vary based upon one or more of the following factors: (Policy)

    ◦The degree or frequency of exposure to harm.
    ◦ The nature of the applicant’s work and the resulting exposure to harm. (examples include, but are not limited to, a private investigator who serves legal documents, a judge who sentences criminal defendants, probation officers, bail bondsmen). Employees must provide letter of endorsement from employer, if weapon is to be carried during course of business hours.
    ◦ Objective evidence of a history of victimization upon the applicant or member of his/her household, or his /her residence, work place, or vehicle when occupied. (Examples of objective evidence includes a police report or witness corroboration via statements.)
    ◦ Objective evidence of a pattern or history of threats upon the applicant, or member of his/her household. (Examples of objective evidence includes witness corroboration via statements).


    Sacramento County consists of urban, suburban, rural and wilderness area. What may be good cause in one area of the county may not be in another area. (Probably illegal policy, cannot discriminate against residents based on area in which they live)

    In making a determination as to good cause, the Sheriff will consider all available information and, where there exists a sufficient nexus between the approval of a concealed weapons permit and the avoidance of victimization, make that decision most beneficial to public good and safety. The mere fear of victimization, or desire to carry a firearm, shall be insufficient. (Policy)


    Conditions After Issuance of Approved Permits: • Annual qualification with the weapon(s) type(s) listed on the permit and safety inspection of each weapon specifically listed on the permit.
    • Permit holders must complete a legal update refresher course every three years from a Sheriff’s Department approved training facility/instructor.
    • Permit holders must report to the Sacramento Sheriff’s Department within 10 days of any arrest of the permit holder.
    • No illegal drug use.

    Violations of these conditions will result in the revocation of the concealed weapons permit.

    Restrictions Applicable to All Sacramento Sheriff’s Department Permit Holders

    (Permit invalid if violated)
    • No alcohol consumption while exercising the permit and carrying the weapon.
    • No weapons where prohibited by law.
    • No weapons at locations where a no weapons sign is posted.
    • Not within 1,000 feet of any school grounds. This may be a valid local restriction, but we understand that the Penal Code otherwise considers CCW holders to be exceptions to this law.
    • Depending on "cause" the Sheriff may impose additional restrictions.

    Failure of the permit holder to adhere to these restrictions will result in the revocation of the concealed weapons permit.
    New Application Fees:

    $20.00 filing fee (check or money order only) made payable to the County of Sacramento. Non refundable.

    Fees-After Approval of New Application:

    $80.00 fee for all new applicants upon issuance. Check or money order only, made payable to County of Sacramento.

    Additional fees are also required by the State of California Department of Justice for fingerprinting, criminal history clearance, and firearms eligibility. $112.00 payable to State of California. (Subject to change).

    Fees for Renewals of Existing Permits:

    $52.00 State of California renewal fee (check or money order only) made payable to the State of California. (Subject to change).

    $25.00 renewal fee (check or money order only) made payable to the County of Sacramento.

    All renewal and newly approved applicants are processed on Tuesdays only at:

    Sacramento County Sheriff’s Department
    711 G Street
    Sacramento, CA 95814
    9:00 AM to 11:00 AM ONLY

    Denial of Application/Appeals Process:

    All applicants will receive notice in writing regarding the approval or denial of their application. Applicants who are denied a concealed weapons permit will be advised of the reason for the denial.

    Applicants may appeal if their application for a permit is denied. All appeals must be submitted in writing to:
    Sacramento County Sheriff’s Department
    Attention: Gun Permits
    711 G Street, Room 410
    Sacramento, CA 95814

    Written appeals should be specific, clearly outlining the applicants rebuttal to the reason stated for denial. Additional information, which may be pertinent to the applicants request for a permit should also be included.

    Note: Appeals must be received by the Sheriff’s Department no later than (30) thirty days from the date of the notification letter.

    Additional Information:

    For additional information or questions regarding the Sacramento Sheriff’s Departments concealed weapons permit process or policy, please contact the Special Investigations/Intelligence Bureau at (916) 874-5371.

    Range and Legal Class Instructors

    1. Advanced Security Institute
    (916) 375-8500
    2947 W. Capitol Ave.
    West Sacramento, CA 95691

    2. California Security Training Academy
    (916) 399-2010
    6130 Freeport Blvd., Ste. 200
    Sacramento, CA 95822

    3. Universal Security Academy
    (916) 393-7878
    2382 Fruitridge Rd.
    (800) 367-5335
    Sacramento, CA 95822

    4. Cordova Shooting Center
    (916) 351-0538
    11551 Douglas Rd.
    Rancho Cordova, CA 95670

    5. James Mangan Range
    (916) 427-9811
    2140 34th Ave.
    Sacramento, CA 95817

    6. The Gun Room
    (916) 714-4867
    9221 Survey Rd.
    Elk