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-   -   Santa Clara (https://www.calguns.net/calgunforum/showthread.php?t=352799)

scootle 03-10-2014 12:33 PM

Quote:

Originally Posted by Flopper (Post 13622569)
I did put down my home address as the return address when I sent it via certified mail--anyone think that is good enough?

One can only assume that in an agency that is tasked to solve crimes and enforce the law, they could deduce that maybe the return address on a item mailed directly to them could also be the reply address to the sender...

But maybe that's hoping too much? :facepalm:

*imagines a huge pile of empty envelopes separated from their contents on someone's desk*

tsoiky 03-10-2014 12:43 PM

Quote:

Originally Posted by Flopper (Post 13622569)
I did put down my home address as the return address when I sent it via certified mail--anyone think that is good enough?


Damn. Does it means I need to re apply?

I am dreaming that they will run the pistol serial numbers on the application and get my contact infor.


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s2000news 03-10-2014 7:23 PM

So, conflicting information continues...

Do you apply to your city, or to the county? (Any recent change in this answer, LINK if so please)

IE, I live in Mountain View. Apply to Mtn View or to Santa Clara County?

phdo 03-10-2014 9:06 PM

Quote:

Originally Posted by s2000news (Post 13625118)
So, conflicting information continues...

Do you apply to your city, or to the county? (Any recent change in this answer, LINK if so please)

IE, I live in Mountain View. Apply to Mtn View or to Santa Clara County?

You have to apply to the county. The police chiefs don't handle the permits.

scootle 03-10-2014 11:24 PM

Quote:

Originally Posted by s2000news (Post 13625118)
So, conflicting information continues...

Do you apply to your city, or to the county? (Any recent change in this answer, LINK if so please)

IE, I live in Mountain View. Apply to Mtn View or to Santa Clara County?

In most cases, the City Police Chief does not issue LTC.

A snippet from the law books:
Quote:

(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats:

(B) The chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of that city, and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats:
That said, some City PD's have Reserve Officers to whom they do issue LTC, and in that case, they are required by law to also take applications for LTC from their City residents. To not do so is to be guilty of applying unequal criteria to their LTC policy.

From another thread:
Quote:

Originally Posted by RyanAnchors (Post 6998230)
Is that an equal protection matter?

You're saying they can't make a "(g) agreement" with the county sheriff's department and then still choose to issue ANY carry licenses.
Essentially, they either have to completely submit to the county or completely take responsibility for the issuance in their jurisdiction.
Right?

Quote:

Originally Posted by Gray Peterson (Post 6998337)
Correct. They cannot have a situation where, say, their reserve officers can get city licenses but everyone else go to the sheriff. If any department has reserve officers at all, it's a way of forcing all issuance back to the city.

In your specific case, MVPD does have Reserve Officers, but you need to find out if their off-duty LTC comes from the City or County. http://joinmvpd.com/reserves/

With the former Good Cause requirement, the City PD were covered. However, now with Peruta on the horizon, they'd have to either stop issuing LTC to their own Reserve officers, and defer to the County for issue, or provide City residents with the same right.

I know for a fact that Santa Clara PD issues LTC directly to their own Reserve Officers, so they are the IA for citizens by mandate. However, at this time, the Chief of the SCPD (Sellers) is being mum about Peruta, presumably holding out until the verdict is "final." (Like pretty much the entire SFBA.)

lowend65 03-14-2014 3:50 PM

I walked my CCW Application into the SCC Sherriff's office today. I have to say the officers manning the desk were very helpful.

Right now I'm reading the FAQ's and came across something that troubles me:

Quote:

When should I get a determination on my application? Isn’t there a 90 day deadline?

Cal. Penal Code section 26205 states:

“The licensing authority shall give written notice to the applicant indicating if the license under this article is approved or denied. The licensing authority shall give this notice within 90 days of the initial application for a new license or a license renewal, or 30 days after receipt of the applicant’s criminal background check from the Department of Justice, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied.”

(Emphasis added.)

It is important to note that some licensing authorities employ a delaying tactic by not taking fingerprints (which initiates the CA DOJ background check process), therefore allowing them to “sit” on an application indefinitely due to the second deadline test in 26205. However, such delaying tactics are unlawful.

Cal. Penal Code section 26190(a)(3) establishes that applications are to be made in person, and that the licensing authority has specific statutory duties with respect to the acceptance and processing of applications. (“The officer receiving the application and the fee shall transmit the fee, with the fingerprints if required, to the Department of Justice.” (Emphasis added.).)

That same duty to collect fingerprints and the CA DOJ background check fee is found in section 26185(a)(1). (“The fingerprints of each applicant shall be taken and two copies on forms prescribed by the Department of Justice shall be forwarded to the department.” (Emphasis added.) Note that while the statutes refer to the old-style ink fingerprint cards, the CA DOJ has in practice mandated that their LiveScan service be used for this purpose.)
Per the officer on site, all was was to do was turn in the paperwork. No fingerprints were taken, no fee was collected. I was basically told they would send the paperwork "upstairs" and the officer in charge would contact me.

Mind you, they had me sign and date all aspects of the application while standing there.

Do I have a bone to pick with the SCC Sheriff if I'm not contacted in 90 days?

Statement from the SCC Sherriff website
Quote:

Applicants that seek a CCW permit under the self-defense standard set forth in Peruta will be processed in the order they are received should the decision of the Ninth Circuit become final. Once the decision becomes final, applicants will be contacted by the Sheriff’s CCW Unit with instructions on how to complete the process.
Can they legally hold my permit application ?

scootle 03-14-2014 4:24 PM

Quote:

Originally Posted by scootle (Post 13626549)
I know for a fact that Santa Clara PD issues LTC directly to their own Reserve Officers, so they are the IA for citizens by mandate. However, at this time, the Chief of the SCPD (Sellers) is being mum about Peruta, presumably holding out until the verdict is "final." (Like pretty much the entire SFBA.)

Just saw that Chief Sellers of SCPD is having a "Chat with the Chief" session next Wednesday evening. If any other Santa Clara City residents are able to attend, it might be an opportunity.

http://santaclaraca.gov/index.aspx?p...recordid=11521

Quote:

Chat with the Chief
March 19
Date: 3/19/2014 6:00 PM - 7:00 PM
Location: Washington Open Elementary School Cafeteria
270 Washington Street
Santa Clara, California 95050
I have another engagement that evening, else I'd try to be there for sure! Would be good if we could get a straight answer though.

Quote:

Originally Posted by lowend65 (Post 13650373)
Can they legally hold my permit application ?

The way I interpret it (IANAL), if you wish to hold them to the 90-day decision timeline, they would process your application starting now against the OLD criteria where "good cause" does not include self-defense. I doubt you want that. They are currently under zero legal obligation to even acknowledge the Peruta decision exists, sadly.

I'd imagine that people will pursue the 90-day timer as soon as Peruta becomes effective Law and the SCCSO is mandated to comply.

SWAT226 03-28-2014 9:22 AM

Has anyone got their LTC successfully?

ColdDeadHands1 03-28-2014 9:27 AM

Hahahahaha!!!! Yeah right! :rofl2:

tbombaci 03-28-2014 9:45 AM

Quote:

Originally Posted by ColdDeadHands1 (Post 13749208)
Hahahahaha!!!! Yeah right! :rofl2:

To be fair, he may have been referring to someone who has "donated" to Smith's campaign or a personal friend of hers.

Just sayin...

uspastime 03-30-2014 3:19 PM

I've been following these events closely (as everyone has).
I work in a high value business, transport,buy,sell, etc. I'll assume my 'good cause' will be at least considered.

Now, I work in Santa Clara County but live in Santa Cruz County. My travels take me obviously, not only over Hwy 17 but around the state.
Santa Cruz County I'm thinking is going to be just about as liberal as S.F. County so that worries me.

Is it mandatory to apply in the Co. in which you LIVE only?

Also, are there areas where 'character witness' letters from current reserve police and a Chief of Police in a neighboring city, could accompany the application? Will this help/hurt?

ColdDeadHands1 03-30-2014 3:46 PM

You must apply where you live, Santa Cruz County. Sit tight. If Peruta stands, you will likely get your CCW soon thereafter. If it is overturned, well, you may never get your CCW. At least until SCOTUS rules in our favor, which, well, you know...

In the meantime, be proactive and go submit your application to Santa Cruz County Sheriff. Get in line with the rest of us anticipating good things to come.

uspastime 03-30-2014 4:24 PM

It now appears Santa Cruz Co. Sheriff Phil Wowak will NOT seek re-election (ending in Dec). He's endorsing Dep. Chief Jim Hart. I'm not sure what his position is and/or who else will be running to replace Wowak.

So yes, I'll just sit tight and keep an eye on this.
I'm not sure if I file an app, if it'll sit on his desk as his lame duck position will try to pass it to the 'next guy'.

Flopper 03-30-2014 4:32 PM

Quote:

Originally Posted by uspastime (Post 13766124)
It now appears Santa Cruz Co. Sheriff Phil Wowak will NOT seek re-election (ending in Dec). He's endorsing Dep. Chief Jim Hart. I'm not sure what his position is and/or who else will be running to replace Wowak.

So yes, I'll just sit tight and keep an eye on this.
I'm not sure if I file an app, if it'll sit on his desk as his lame duck position will try to pass it to the 'next guy'.

As Colddeadhands already mentioned, it makes a LOT of sense to apply right now even if it doesn't get processed immediately, simply because you will basically be getting in line for when/if they start processing apps.

Long story short--realize this is very different than even a just a few short months ago, when the advice was basically, "apply if you want, but don't expect much."

The title of the thread had "apply now" added to it recently for a very good reason.

PS-don't bother applying to Santa Clara County unless you reside here, since a work location LTC is only valid for 90 days IIRC.

uspastime 03-31-2014 7:56 AM

Alright...here I go, I guess I'll be a test case for ultra liberal Santa Cruz County. I wonder if it'll help if I print my app on hemp paper.

lowend65 03-31-2014 7:58 AM

lots of people have applied in the last month in Santa Cruz

uspastime 03-31-2014 8:12 PM

I'm sure plenty of people have, thanks, I just haven't seen much about them.

NorCal MedTac 04-01-2014 7:42 PM

We had a few in our class last Sunday already through the interview and just needing the training for Santa Cruz.

scootle 04-03-2014 4:51 PM

Quote:

Originally Posted by uspastime (Post 13769817)
Alright...here I go, I guess I'll be a test case for ultra liberal Santa Cruz County. I wonder if it'll help if I print my app on hemp paper.

I thought that Wowak had declared shall-issue for Santa Cruz... or was that mis-interpreted?

http://www.ncgunblog.com/2014/02/28/...s-shall-issue/

manywelps 04-13-2014 11:42 PM

out of curiosity, has anyone gotten an appointment date?

RudyN 04-14-2014 7:00 AM

My application will be turned in today. Santa Clara County


Sent From The Telegraph Office

ColdDeadHands1 04-14-2014 8:24 AM

Quote:

Originally Posted by manywelps (Post 13871436)
out of curiosity, has anyone gotten an appointment date?

Nothing will happen until Peruta is finalized.

RudyN 04-14-2014 4:09 PM

At least I have turned in my application. If it all goes OK maybe I will have a LTC before I am 80. :-P

Sent From The Telegraph Office

guncurious 05-06-2014 2:22 PM

Hey guys, so what is the situation for Santa Clara County?

Any updates? I've downloaded the application, and had some questions.

From what I've been able to gather from browsing calguns, we're still in a holding pattern?

ASR_8177 05-08-2014 3:53 PM

Response From Santa Clara Sheriff's Office
 
Folks,

I e-mailed the SCCSO on May 5th regarding the LTC application I submitted by hand in Feb. In Feb. I received an e-mail, and I'm sure many of you have seen the same e-mail, from them stating that they would be providing a fee schedule and list of authorized training programs some time in the future.

I inquired about the fees and training programs--while mentioning the 90 time line to deny or accept an application. This is what I got back on May 6th:


Quote:

Due to the ongoing legal proceedings and on the advice of County Counsel (the attorney’s for Santa Clara County), we currently are not processing any CCW applications. You can go to our website (www.sccsheriff.org) and download an application for a CCW permit and submit it to our office. Once County Counsel has a clear understanding of the law, we will contact all the persons who submitted applications and inform them of the process for obtaining a CCW permit.

Thank you for your understanding and patience.

Sgt. Stenderup
CCW Unit
Santa Clara County Sheriff’s Office
55 W Younger Avenue
San Jose, CA 95110

BCA142 05-08-2014 4:35 PM

Even without the new ruling they can issue permits. It's just HER policy not to unless you dig deep into your wallet. Hopefully this will change on June 3rd.

VOTE FOR KEVIN JENSEN!!!!!!

scootle 05-08-2014 4:56 PM

Quote:

Due to the ongoing legal proceedings and on the advice of County Counsel (the attorney’s for Santa Clara County), we currently are not processing any CCW applications. You can go to our website (www.sccsheriff.org) and download an application for a CCW permit and submit it to our office. Once County Counsel has a clear understanding of the law, we will contact all the persons who submitted applications and inform them of the process for obtaining a CCW permit.
I like how they make it sound like processing and issuing permits would somehow be breaking the law...

Legally speaking, they can go shall-issue,hand out permits like candy, and be completely fine... maybe just not politically or socially... :facepalm:

ChrisKalan 05-25-2014 4:30 PM

I know our AG asked for an en banc review of the Perutta decision. That was back in Feb. When is this supposed to happen? Is Kevin Jensen pro CCW? Because as I understand, if he wins and is pro CCW, the Perutta review becomes a moot point and Santa Clara could start issuing CCWs.

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tabrisnet 05-25-2014 5:58 PM

It moots it for SCC, but not for other counties...

ChrisKalan 05-25-2014 11:12 PM

Quote:

Originally Posted by tabrisnet (Post 14159253)
It moots it for SCC, but not for other counties...

Good point.
So getting back to the first part of the question. What is the timeline of how this will go down?


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Paladin 05-26-2014 5:58 AM

Quote:

Originally Posted by ChrisKalan (Post 14160795)
Good point.
So getting back to the first part of the question. What is the timeline of how this will go down?


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"Soon." :p

Actually, that's the $64,000 question. My guess: we'll know re. KH intervening before July and, if intervention granted, re. en banc before Oct. But both of those are just my WAGs (wild --- guesses).

Spyduh 05-26-2014 9:30 AM

2 weeks! :D

ironpegasus 05-27-2014 8:03 AM

On a side note, anybody have any idea whether or not it's time to start nailing Santa Clara for the whole 90 days thing? I realize they say they're waiting for Peruta to be finalized, but at the same time, the law says they have to do something with the application within that time frame even though Kamala is trying to appeal the decision - and I believe that Peruta, while not final, is currently controlling, so for those of us who have had applications in with the Sheriff's office for 91+ days, is it time to hit them with a 1983 suit yet?

Latoure 06-03-2014 3:13 PM

SHeriff Jensen
 
My question to all is as follows:

Why dies Jensen say that he will follow the law for CCW issuance and be "transparent"? Why doesn't he just say he will have a "shall Issue" policy..period! After all its common knowledge that Sheriffs in this state can issue as they see fit. Just like Tulare county, etc. Its not a matter of waiting for the 9th District decision on the San Diego case. Sheriffs in California can just make their policy "shall Issue".

Why does Jensen play with words?

tabrisnet 06-03-2014 3:22 PM

Maybe he wants to get elected.

tabrisnet 06-03-2014 3:23 PM

Seriously though... if he makes a point of a shall-issue policy, it will be a count against him in certain circles, and it will even be a fear-mongering point.

ColdDeadHands1 06-03-2014 3:41 PM

Quote:

Originally Posted by Latoure (Post 14217325)
My question to all is as follows:

Why dies Jensen say that he will follow the law for CCW issuance and be "transparent"? Why doesn't he just say he will have a "shall Issue" policy..period! After all its common knowledge that Sheriffs in this state can issue as they see fit. Just like Tulare county, etc. Its not a matter of waiting for the 9th District decision on the San Diego case. Sheriffs in California can just make their policy "shall Issue".

Why does Jensen play with words?

Because this is the liberal capital of the world! If he said anything clearly pro gun he would lose in a landslide. Why is that so hard to understand?

Dammit people, do you really want Smith re-elected?

sully007 06-03-2014 9:08 PM

Too late she is.........


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tsoiky 06-09-2014 3:47 PM

Submitted my application in Feb. If I am lucky and the process goes smooth, can I revise the three guns list on the application? Get a Bersa thunder recently and wanna put her under ccw


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Paladin 06-10-2014 8:34 AM

Quote:

Originally Posted by ironpegasus (Post 14167720)
On a side note, anybody have any idea whether or not it's time to start nailing Santa Clara for the whole 90 days thing? I realize they say they're waiting for Peruta to be finalized, but at the same time, the law says they have to do something with the application within that time frame even though Kamala is trying to appeal the decision - and I believe that Peruta, while not final, is currently controlling, so for those of us who have had applications in with the Sheriff's office for 91+ days, is it time to hit them with a 1983 suit yet?

As I understand it, you can apply for a CCW right now and get processed under the sheriff's current policy (where self-defense is not sufficient Good Cause), or you can turn in an application now and they'll hold off processing it pending finalization of Peruta. The 90 days law only applies to the first option, not to the 2nd where they are doing YOU a favor by taking your app and holding it for you to be process as soon as Peruta is finalized. If you don't like either option, you can wait to turn in your app until Peruta is finalized, and then try to get in line when there's a FLOOD of applicants (just like what happened in Orange and Ventura counties after Peruta was published).


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