Gray Peterson |
10-14-2010 10:10 PM |
San Mateo
UPDATE (2104 April 19):
It appears SMSO will accept & hold CCW apps w/mere "self-defense" as Good Cause pending finalization of Peruta. See posts 438, 441, 458, and 480.
Best to get an app in ASAP to get in line before the SO gets flooded w/thousands of applicants after the finalization.
Of course, if you have "heightened" good cause (i.e., you have reasons backed by evidence as to why you would be more likely than the average person to be attacked), you should note that and you MAY get issued a CCW regardless of the outcome in Peruta. Be sure to ask them to hold your app pending the finalization of Peruta if you won't qualify even with your elevated good cause.
End of Update.
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Anyone who gets denied in San Mateo Co and wants to fight it should read the following quote from my ("Paladin") post in the Monterey Co thread. (There they accept SD as GC, but push the GMC requirement.) The 14th Amendment Equal Protection applies to ALL aspects of the application process, not just GC and GMC.
Quote:
Originally Posted by Paladin
(Post 16276894)
So, they say SD = GC, but then push GMC through the roof and, it appears, make your RKBA subject to your neighbors', co-workers' and friends' ratification.... :facepalm: :mad:
If Bernal does NOT follow this same procedure with ALL CCW applicants (think political donors, "friends of the sheriff"/"posse" members, politicians, celebrities), he's open for a Guillory-type 14th A Equal Protection federal lawsuit, but for GMC rather than GC.
Hypothetically, let's say there's a world-famous film star (and director) who lives in (and was once the mayor of) Carmel-By-The-Sea, a city which, acc to CGF's 2013 survey, does not issue CCWs. We'll call him "Mr. E." Let's suppose Mr. E has a Monterey SO CCW. When it is/was time to renew, if the sheriff has the same policy for renewals that means his "background investigator" would have to go to Mr. E's neighbors (who, unlike his friends, may be hard-core antis), and "ask them if they would recommend [Mr. E] be issued a CCW permit." Not only would the same procedure have to be followed, but the same standard as to judging whether to issue or not be followed. IOW, let's say 1 of your neighbors says "Nyet!" when asked if you should get a CCW and because of that you are denied. If 1 of Mr. E's neighbors also said "No!" and yet was issued, that too is a 14th A Equal Protection violation.
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SM Co has a weird (i.e., illegal) policy of requiring all incorporated cities to accept apps, run the background checks and make a determination re. issuance, and then forward the app file to the sheriff who makes the ultimate decision on whether to issue the CCW or not. You can read about it on the SMPD's website at: http://www.cityofsanmateo.org/index.aspx?NID=665
Application process:
San Mateo County has developed a uniform application form for use throughout the various policing jurisdictions within the county. This application must be completed and submitted, along with the fee for service. The application must include a written explanation regarding the need to carry a concealed weapon.
The application will be reviewed during a personal interview with Support Services' staff at the time of submittal. Following the interview, an appointment for fingerprint submission will be obtained. An additional fee will be collected by the technician to pay for the processing of the print cards by the State of California, as part of the background investigation. This may take 6 to 8 weeks to process.
Upon determination that the issuance of a CCW permit is in order, the Chief of Police will forward a recommendation to issue the permit to the San Mateo Sheriff's Office, along with copies of the application and background investigation. The Sheriff's Office will continue the processing of the permit for issuance, and impose any clearly stated (if any) restrictions and/or condition the Chief has determined regarding the carrying of a concealed weapon. Reasonable limitations and restrictions imposed on an individual's CCW permit affect the time, place, and other restrictions under which the permittee may carry a concealed weapon.
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