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Old 08-25-2013, 10:36 AM
Dvrjon Dvrjon is offline
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Quote:
Originally Posted by Noggles View Post
"Shall issue" means "not discretionary issue"... That is, no good cause or good moral character crap is required. If you aren't a bum and want a permit, you apply, and after a while you get the permit. Very simple. Has nothing to do with an existing or potential job that may or may not require carrying a weapon.
A little more clarity may be in order. State “shall issue laws” require state and local authorities to issue licenses to individuals authorizing the carrying of a concealed firearm as long as the individuals meet enumerated criteria. These laws are distinguishable from “may issue laws,” which require an individual to establish a compelling need to carry a concealed firearm. Shall/May Issue States can be identified here: http://www.usacarry.com/concealed_ca...formation.html

Under California law, there is no "shall issue" authority; it is "may issue" and requires a compelling need (Good Cause). California CCW issue is all discretionary, as in "may issue" (see code, below).

Some Issuing Agencies have, however, established a review process which, if you meet the basic standards, results in issuance in the majority of cases. It cannot, under statute, be "shall issue", but creates a near "shall issue" environment by accepting the simple, straight-forward Compelling need statement of "self-Defense. (Correct, this makes very little common sense, but it is what it is).

The statute DOES require proof of good cause and moral character.

In Sacramento County, the Sheriff has determined that "good cause" is "self defense". Because of this, claiming a good cause for job-related activities is not required for application, and some have reported that their applications were modified during the interview to remove the job reference and simply reflect "self-defense". (It may be prudent to include the job-related reference on the application, just in case you have a business related shooting in the future. The Sheriff may remove it later, but at least you will be on record).

Not having a criminal or (recent) aberrant behavior background is the moral character test.

Penal Code 26150:
26150. (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the sheriff of a county may issue a license to that person
upon proof of all of the following:
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of the county or a city within the
county, or the applicant's principal place of employment or business
is in the county or a city within the county and the applicant
spends a substantial period of time in that place of employment or
business.


Cheers,

JR

Last edited by Dvrjon; 08-25-2013 at 10:44 AM..
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