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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 08-29-2013, 1:17 AM
Alexander831 Alexander831 is offline
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Default Help, ccw appeal

Has anyone gone through the appeal process and if so how long does it take to get a date to appeal? I know u have about 3weeks to appeal after u receive the denial letter. I was denied June 5th 2013 and called to appeal the very next day. I was told by the secretary of the sheriff he would call me to set appointment but didn't know when. I have called them several times a month since then and was told he is behind on everything regarding ccws. Wanted to know how long it took for other people to get a appeal date and how did it go? Any tips would be greatly appreciated and thanks for taking the time to answer.
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  #2  
Old 08-29-2013, 4:01 AM
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your first mistake is calling. do everything by certified mail. calling will get you no where and it holds no one accountable to a timeline.
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Old 08-29-2013, 4:37 AM
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Yup, certified letter. Do everything as soon as possible and don't wait for them to start the process.

Also, let one of the attorneys for CGF know what your story is. I believe they are keeping a close eye on CCW denials. And they'll want to know about yours.
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Old 08-29-2013, 8:52 AM
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You may already be toast!!!

Your denial was on the 5th of June......it's now the 29th of August. I think you have 30 days to file your appeal. They've successfully stalled you past the 30 day timeline.

Just like the auto insurance companies.....to avoid paying out, they try all kinds of ways to stall any settlement to get past 365 days. After 365, they win......no payout!!! Only way to stop the clock when they do that is to file suit before day 365!

Hope you have success in your appeal! Send them a certified letter with all that you've done to date regarding your appeal attemps via phone to date....start your documentation process now.

Good Luck.....
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Old 08-29-2013, 12:02 PM
Alexander831 Alexander831 is offline
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Attorneys cgf??? I was denied (quote) after cafeful consideration, the undersheriff has decline to approve your request as you do not meet the requisite criteria for issue established by the sheriffs office and the California penal code. I don't understand what they mean by do not meet the requisite criteria for issue??? Any ideas what it means? A good cause for self protection would be define as your life being in danger more than the average person. Example: jeweler, attorney, judge, carry large sum of money ect... Well my good cause is in late 2010 I witness a murder from 15 yards or so. Told police what I saw and identified the suspects, sure enough in January 2011 there was a attempt against my life.(shooting) I reported it to the police and was told by them it was a random act of violence. I thought it was retaliation for telling on the murder suspects. Life went on and on July 2013 there was another attempt against me(shooting) once again reported it to the police and they acknowledged that my life was infact in danger. Left that town but not the county sad my parents had to stay behind in that awful neighborhood and I want my ccw so when I do go visit them. They are to old and sick to travel and see there grandchildren. What do u guys think? I'm willing to hire an attorney if necessary.
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Old 08-29-2013, 6:32 PM
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DUDE.......call the CGF (CalGuns Foundation) they are there for just this sort of thing. For example.....my county (sacramento) previously would basically deny any civilian a CCW based on....well, based on the fact that they just didn't want anyone to walk around armed who wasn't a cop. CGF sued the sheriff and won a settlement, which basically set up a system by which anyone who could own a firearm could (eventually) get a CCW.

If you are not a felon or otherwise prohibited, this could be a prime opportunity to make a change in your county. With the proper legal help, you could help make it possible for yourself and others to obtain their CCWs.
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Old 08-30-2013, 2:06 AM
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Thanks for taking the time to comment. I have shown and proven that I live in the county I applied and that I am of good moral with only I speeding ticket on my record and nothing else. I'm a law abiding citizen, married with two children that wants to protect himself and family. How do I contact calguns foundation???
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Old 08-30-2013, 8:29 AM
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Quote:
Originally Posted by Alexander831 View Post
I don't understand what they mean by do not meet the requisite criteria for issue??? Any ideas what it means?
In some counties, neither does anyone else. There are no objective criteria, and your ability to exercise an enumerated constitutional right is subject to the unfettered discretion of a municipal official. Depending upon the county, you may need to make an appropriate re-election campaign contribution, et cetera.
Quote:
Originally Posted by Alexander831 View Post
Well my good cause is in late 2010 I witness a murder from 15 yards or so. ... in January 2011 there was a attempt against my life.(shooting) ... Life went on and on July 2013 there was another attempt against me(shooting) ... What do u guys think? I'm willing to hire an attorney if necessary.
In San Francisco, they would tell you that your life is not in danger because the bad guys obviously have bad aim. Maybe you can agree to meet with the bad guys to engage in diplomatic discussions without preconditions, and see if that helps.

Basically, you have to explain to your County Sheriff why he/she should risk his/her political career by issuing you a permit, when there is no downside to non-issuance because they are
Quote:
... generally are not liable for failing to protect individuals against crime...
http://www.sfgate.com/bayarea/articl...gs-3198588.php

See also: http://en.wikipedia.org/wiki/Warren_...ct_of_Columbia

Last edited by fizux; 08-30-2013 at 8:31 AM..
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Old 08-30-2013, 8:47 PM
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Has anyone won an appeal???
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Old 08-30-2013, 9:11 PM
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Quote:
Originally Posted by Alexander831 View Post
Has anyone won an appeal???
We might be able to point you to others that have appealed and won, if we knew what county you are located.

I remember reading of some that successfully appealed in Sacramento county.
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Old 08-30-2013, 11:28 PM
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Oops sorry, I'm in Monterey county.
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Old 08-30-2013, 11:50 PM
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Quote:
Originally Posted by Alexander831 View Post
Oops sorry, I'm in Monterey county.
You're probably screwed... sorry. Move to any bordering state, and you'll be fine.
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Old 08-31-2013, 10:15 AM
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Quote:
Originally Posted by Alexander831 View Post
Oops sorry, I'm in Monterey county.

If you haven't already done so, take a look at the Monterey county sub-forum. I would pay particular attention to Wildhawker's and Goober's posts.

I would email Brandon (Wildhawker), as he is intimately involved with the Calguns Foundation and may be able to provide you some guidance.

Good luck in your endeavours.
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Old 09-01-2013, 10:10 PM
Alexander831 Alexander831 is offline
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How can I get a hold of brandon wildhawker? Went into cgf and couldn't find him.
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Old 09-02-2013, 9:14 AM
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Quote:
Originally Posted by Alexander831 View Post
How can I get a hold of brandon wildhawker? Went into cgf and couldn't find him.
The post just above yours linked to a post he wrote. He has a link to how he wants to be contacted via email.
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Old 09-04-2013, 1:01 AM
Alexander831 Alexander831 is offline
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Called cgf and sent messages and haven't heard from them. Hope they call me before my appeal date.
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