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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #41  
Old 09-22-2016, 6:10 PM
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Originally Posted by gobler View Post
Actually, they gave the chief an order to accept and process permits or he will be replaced. I called an hour ago and was told to fill out the Ca DOJ form and submit it to the PD.

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Great news for WC. Now to see if the chief complies with the mayor and city council. Congrats WC


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  #42  
Old 09-22-2016, 6:18 PM
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According to the Facebook page it sounds like Chief Faulkner is ignoring the city council's decision. I'm going to call the city council tomorrow and demand they give the Chief the Baldwin Park treatment.

(Baldwin Park just fired their Chief a day or two ago.)
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  #43  
Old 09-22-2016, 7:12 PM
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Too bad this doesn't apply to unincorporated LA County cities that are patrolled by LA County sheriff's dept.
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  #44  
Old 09-22-2016, 7:28 PM
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Originally Posted by 00Medic View Post
According to the Facebook page it sounds like Chief Faulkner is ignoring the city council's decision. I'm going to call the city council tomorrow and demand they give the Chief the Baldwin Park treatment.

(Baldwin Park just fired their Chief a day or two ago.)
Interesting, the duty officer told me to fill out the DOJ form to submit. Perhaps the FB page has yet to be updated? Otherwise, chief Faulkner will loose his job.

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  #45  
Old 09-22-2016, 7:36 PM
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While I like that his has happened, it occurs to me that he could accept "Self defense" very easily, and just use other legal means to block the majority of people from ever getting a license. I'm also thinking the "provision" the council struck down as listed in post #38 might be an issues and be challenged in court. CA Law gives the Sheriff/Police Chief broad powers in the criteria for making the decision on the process used to to determine who "makes the cut" and who doesn't. It says nothing about City Councils having a say.

The other thing that strikes me is the PC speaks of a Police Chief "entering into an agreement" with the Sheriff and vice versa in order to issue. Could the LAC SD put the kibosh on this by refusing to enter into a deal with whatever chief the city decides to appoint (if not the current one)?

Quote:
Originally Posted by CA PC
...
(c) (1) Nothing in this chapter shall preclude the sheriff of the
county from entering into an agreement with the chief or other head
of a municipal police department
of a city to process all
applications for licenses, renewals of licenses, or amendments to
licenses pursuant to this chapter, in lieu of the sheriff.
(2) This subdivision shall only apply to applicants who reside
within the city in which the chief or other head of the municipal
police department has agreed to process applications for licenses,
renewals of licenses, and amendments to licenses, pursuant to this
chapter.
Sounds like an interesting and potential challenge to the states preemption laws.

That being said, I hope this works out. Like a ray of light in the darkness.
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  #46  
Old 09-22-2016, 8:41 PM
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Originally Posted by 00Medic View Post
According to the Facebook page it sounds like Chief Faulkner is ignoring the city council's decision. I'm going to call the city council tomorrow and demand they give the Chief the Baldwin Park treatment.

(Baldwin Park just fired their Chief a day or two ago.)
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  #47  
Old 09-22-2016, 9:09 PM
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It literally just passed last night. Give them a break to catch up and figure out the process. Calling the PD the day after and marching down to the PD won't speed up the process.

Congrats West Covina!
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  #48  
Old 09-22-2016, 9:30 PM
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It literally just passed last night. Give them a break to catch up and figure out the process. Calling the PD the day after and marching down to the PD won't speed up the process.

Congrats West Covina!


That's a good point. Should give this a couple of weeks or so to shake out.
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  #49  
Old 09-22-2016, 9:31 PM
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Police Chiefs are "at will" employees and can be fired for not following the wishes of the City Manager or Council.

The reverse of West Covina is what most city's in CA have: The City Manager or Coucil makes it clear that if you issue any CCW's you will be replaced.

Freedom has a nice way of spreading. Surrounding City Residents will now want some of thier own freedom. We are banding together for the referendum, and we need to keep it up and support actions like this too.

Congrats Guys!
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  #50  
Old 09-22-2016, 9:37 PM
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While I like that his has happened, it occurs to me that he could accept "Self defense" very easily, and just use other legal means to block the majority of people from ever getting a license. I'm also thinking the "provision" the council struck down as listed in post #38 might be an issues and be challenged in court. CA Law gives the Sheriff/Police Chief broad powers in the criteria for making the decision on the process used to to determine who "makes the cut" and who doesn't. It says nothing about City Councils having a say.

The other thing that strikes me is the PC speaks of a Police Chief "entering into an agreement" with the Sheriff and vice versa in order to issue. Could the LAC SD put the kibosh on this by refusing to enter into a deal with whatever chief the city decides to appoint (if not the current one)?



Sounds like an interesting and potential challenge to the states preemption laws.

That being said, I hope this works out. Like a ray of light in the darkness.
Nope, the LACS cannot mandate that a CoP enter into an agreement. If the CoP acts as the IA, the sheriff is out of the picture. Key word here is "agreement". That means mutual consent. The Sheriff is not a CoP's boss. The City Council is.

If the Council tells the CoP to issue or hit the bricks. He will issue. The majority of CoP's are nothing more than political buttpuppet whores slopping at the trough provided by City Councils.

Right now the CoP/Council of WC has such an agreement with the sheriff for CCW issuance. As soon as the Council and city attorney iron out the wording. And the CoP starts issuing CCW, that agreement is moot.

Sheriff McDonnel is not a 2A friendly sheriff. He was supported by massive DimCrap campaign donations and is beholden to the Dims for his election.
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  #51  
Old 09-23-2016, 2:03 AM
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Right now the CoP/Council of WC has such an agreement with the sheriff for CCW issuance. As soon as the Council and city attorney iron out the wording. And the CoP starts issuing CCW, that agreement is moot.:
I think that was really the crux. I was not sure if the agreement was mandatory and if the Sheriff had to buy off on the CoP issuing or not. If not, this really is wonderful news for WC (and LA County)!
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  #52  
Old 09-23-2016, 10:23 AM
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URGENT!!

To all West Covina residents
Chief Faulkner is playing games even though the Council gave him specific orders. Call Monday and let the council know you are behind them firing his ***. We are so very close to be the first city in L.A. county to issue.

(626) 393-8401 or

(626) 339-8400

They are closed today so make sure Monday, light up the phones.....

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  #53  
Old 09-23-2016, 10:52 AM
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I had a feeling that dill-hole wasn't going to follow orders.

Any one know what he is/is not doing? I have not seen it posted anywhere.
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  #54  
Old 09-23-2016, 12:45 PM
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Waiting for an update on the West Covina CCW fb page...
Perhaps the duty officer in my area abided by the council's ruling when he aided me. Maybe the chief put pressure on him after? IKN. But we do need to let the council know that we want him dismissed. Also, if you live in surrounding cities, please call as well... Remember, be polite.

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  #55  
Old 09-23-2016, 1:07 PM
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Quote:
URGENT!!

To all West Covina residents
Chief Faulkner is playing games even though the Council gave him specific orders. Call Monday and let the council know you are behind them firing his ***. We are so very close to be the first city in L.A. county to issue.
Any specific games you can articulate?

If the duty officer told you to fill out the state CCW application and turn it in. That gives the IA 90 days to either OK or deny the application from the date the application is filed with the IA.

Are they refusing to accept the state applications?

inquiring minds
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  #56  
Old 09-23-2016, 2:03 PM
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Any specific games you can articulate?

If the duty officer told you to fill out the state CCW application and turn it in. That gives the IA 90 days to either OK or deny the application from the date the application is filed with the IA.

Are they refusing to accept the state applications?

inquiring minds
Seeing as I am still looking for a good carry gun I am weeks away from submitting my app. All I know is the West Covina CCW Facebook page is asking for us to call the city council because chief Faulkner is not responding to the orders.
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  #57  
Old 09-23-2016, 2:35 PM
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I GUARANTEE there is an Officer lower than Faulkner who will GLADLY put on 4 stars for the low price of following the City Council's wishes...

Faulkner is probably being told to hold out by the California Police Chief's Association and most likely has been assured of another post if he gets let go.
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  #58  
Old 09-23-2016, 2:39 PM
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Well I just spoke to the same officer as yesterday and this time he confirmed that Faulkner has differed CCW's to LACS. This in violation of the council ruling so yes, we need to call city hall and get them to fire this friggin tyrant.

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  #59  
Old 09-23-2016, 3:58 PM
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Originally Posted by gobler View Post
Well I just spoke to the same officer as yesterday and this time he confirmed that Faulkner has differed CCW's to LACS. This in violation of the council ruling so yes, we need to call city hall and get them to fire this friggin tyrant.

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Ahhh. Ok. That explains the need to call the city council. Monday morning will begin the phone call bombardment to the council.
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  #60  
Old 09-23-2016, 4:31 PM
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Well I just spoke to the same officer as yesterday and this time he confirmed that Faulkner has differed CCW's to LACS. This in violation of the council ruling so yes, we need to call city hall and get them to fire this friggin tyrant.
Well, yeah, of course his MOU (Memorandum of Understanding) w/the LASO is still in effect. The city council just passed the resolution on what, Monday night??? The question is whether the CoP will: (1) rescind the MOU, taking back his authority to issue CCWs and then (2) start issuing city PD CCWs with SD = GC.

Frankly, I hope he fights against it and gets canned. The odds are he'll have to move for his next job, and that sort of PITA is exactly what we want all anti CoPs to fear. Remember: he's got a limited # of states that are anti CCWs (8 states). The only other state W of the Mississippi River is HI and the closest one to the E is MD. If he has kids, he'll have to pull them out of school. If he or his wife has family in CA, visiting each other on holidays suddenly becomes a PITA.

Replacing the CoP will make the CoPs of Torrance, Glendale and LaVerne think twice about fighting against us. "Resistance is futile!" "We will make you pay!"



Are you WC CCW folks in contact w/FPC and the NRA-ILA (Paul Payne)? Seems like letting them know what's going on and having them tell their supporters in LA Co and esp WC can only help your cause.

Last edited by Paladin; 09-23-2016 at 4:35 PM..
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  #61  
Old 09-23-2016, 4:34 PM
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Old 09-23-2016, 4:34 PM
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bggss:While I like that his has happened, it occurs to me that he could accept "Self defense" very easily, and just use other legal means to block the majority of people from ever getting a license. I'm also thinking the "provision" the council struck down as listed in post #38 might be an issues and be challenged in court. CA Law gives the Sheriff/Police Chief broad powers in the criteria for making the decision on the process used to to determine who "makes the cut" and who doesn't. It says nothing about City Councils having a say.

The other thing that strikes me is the PC speaks of a Police Chief "entering into an agreement" with the Sheriff and vice versa in order to issue. Could the LAC SD put the kibosh on this by refusing to enter into a deal with whatever chief the city decides to appoint (if not the current one)?

Quote:
Originally Posted by CA PC
...
(c) (1) Nothing in this chapter shall preclude the sheriff of the
county from entering into an agreement with the chief or other head
of a municipal police department of a city to process all
applications for licenses, renewals of licenses, or amendments to
licenses pursuant to this chapter, in lieu of the sheriff.
(2) This subdivision shall only apply to applicants who reside
within the city in which the chief or other head of the municipal
police department has agreed to process applications for licenses,
renewals of licenses, and amendments to licenses, pursuant to this
chapter.

Sounds like an interesting and potential challenge to the states preemption laws.

The above is from 26150(c)(1) PC.

26155(c)PC:

(c) Nothing in this chapter shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this chapter.


Sounds like your Chief is well within his rights to refer applicants to the Sheriff.

Last edited by Bruce; 09-23-2016 at 9:10 PM..
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  #63  
Old 09-23-2016, 4:36 PM
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^^^ Good question. I'll try to pass on Paul Paynes name. I also hope his ***** is fired. I find it odd that the same officer gave me two different answers just a day apart.

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Old 09-23-2016, 5:39 PM
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Ok, first thing. Funny video. Most all of it was shot at the Edwards which is usually dead...

Second, as for our CoP and council, the past three years has been a political game of ccws with him. Long story short he gave up his option to issue to LASD when he first was hired. Our council found; perhaps through our bylaws that he painted himself into a corner. The rulings from the council overrides his choice. They made it very clear, they wanted the basic application with no other "strings". He is disobeying a direct order. My guess, he's gone within a month.

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Old 09-23-2016, 7:11 PM
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While I like that his has happened, it occurs to me that he could accept "Self defense" very easily, and just use other legal means to block the majority of people from ever getting a license.
What "other legal means"? Are you just spreading FUD???

Quote:
Originally Posted by Bruce View Post
I'm also thinking the "provision" the council struck down as listed in post #38 might be an issues and be challenged in court.


This is post #38:
Quote:
Originally Posted by Afterimage View Post
This is fantastic news! Congratulations to the citizens of West Covina!

Perhaps there is still hope for this state after all!
Quote:
Originally Posted by Bruce View Post
CA Law gives the Sheriff/Police Chief broad powers in the criteria for making the decision on the process used to to determine who "makes the cut" and who doesn't. It says nothing about City Councils having a say.
Again, what the heck are you talking about??? What "broad powers in the criteria"???

Why do you keep posting FUD???

If you are not disqualified from owning a handgun, and you reside in the city of the PD, and your CoP issues, his ONLY discretion is over GMC and GC. The city council is demanding he issue and accept SD for GC. If he tries to monkey w/GMC do you think the city council will stand for it??? They'll FIRE his a-- and replace him with someone who issues the way.

Quote:
Originally Posted by Bruce View Post
The other thing that strikes me is the PC speaks of a Police Chief "entering into an agreement" with the Sheriff and vice versa in order to issue. Could the LAC SD put the kibosh on this by refusing to enter into a deal with whatever chief the city decides to appoint (if not the current one)?
You do not understand how CCWs work in CA. ALL CoPs of incorporated cities have the authority to issue CCWs. If they chose not to, legally they have to have entered into a MOU to delegate their authority to the sheriff. Without a MOU, they MUST issue CCWs (per Salute v. Pitchess). The sheriff has NO legal authority to act unilaterally, to take way a CoP's authority to issue CCWs. (Note: some incorporated cities contract w/their sheriff to provide police services for that city. But we're not talking about "special cases"/"exceptions to the rule." We're talking about WC.)

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Originally Posted by Bruce View Post
Sounds like your Chief is well within his rights to refer applicants to the Sheriff.
Yeah, so??? No one said a CoP couldn't enter into a MOU to defer to their sheriff. He has that authority. And the city council has the authority to FIRE him if he does that, or in the present case, if he refuses to rescind the MOU and issue city PD CCWs where the only GC needed is "SD"/"PP".

ETA: WC folk, be sure to have your city council members tell the chief, either this one or his replacement, to put info about CCWs on the PD's website, incl downloadable application.

Last edited by Paladin; 09-23-2016 at 7:26 PM..
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  #66  
Old 09-23-2016, 7:15 PM
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Ok, first thing. Funny video. Most all of it was shot at the Edwards which is usually dead...
If you live or near West Covina, worth watching the series, they constantly poke fun at the town, it's pretty good.
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Old 09-23-2016, 9:15 PM
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What "other legal means"? Are you just spreading FUD???



This is post #38:


Again, what the heck are you talking about??? What "broad powers in the criteria"???

Why do you keep posting FUD???

If you are not disqualified from owning a handgun, and you reside in the city of the PD, and your CoP issues, his ONLY discretion is over GMC and GC. The city council is demanding he issue and accept SD for GC. If he tries to monkey w/GMC do you think the city council will stand for it??? They'll FIRE his a-- and replace him with someone who issues the way.



You do not understand how CCWs work in CA. ALL CoPs of incorporated cities have the authority to issue CCWs. If they chose not to, legally they have to have entered into a MOU to delegate their authority to the sheriff. Without a MOU, they MUST issue CCWs (per Salute v. Pitchess). The sheriff has NO legal authority to act unilaterally, to take way a CoP's authority to issue CCWs. (Note: some incorporated cities contract w/their sheriff to provide police services for that city. But we're not talking about "special cases"/"exceptions to the rule." We're talking about WC.)





ETA: WC folk, be sure to have your city council members tell the chief, either this one or his replacement, to put info about CCWs on the PD's website, incl downloadable application.
Paladin, your argument is with "baggss" not me. It quoting him,post #45, his byline got lost.

Last edited by Bruce; 09-23-2016 at 9:20 PM..
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Old 09-23-2016, 9:40 PM
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Paladin, your argument is with "baggss" not me. It quoting him,post #45, his byline got lost.


I sent him a PM with the link to my reply with the title, "It's YOU!!!"
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Old 09-24-2016, 1:49 AM
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Whoa! It finally happened!

So can I apply now or do I first have to finish the CCW class?
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Old 09-24-2016, 5:31 AM
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West Covina Police Department CCW website

"It is the position of the West Covina Police Department to have all CCW license application processed through the Los Angeles County Sheriff’s Department. For information regarding the application process contact the Los Angeles County Sheriff’s Department by visiting their website at www.LASD.org."


Appears the west Covina Police Department has entered into an agreement with the Los Angeles County Sheriff Department. [PC 26155(c)]



Penal Code 26155
(a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and 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 that city.
(4) The applicant has completed a course of training as described in Section 26165.
(b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Nothing in this chapter shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.
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Old 09-24-2016, 5:33 AM
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I sent him a PM with the link to my reply with the title, "It's YOU!!!"
Reply sent. Most of the points I raised were addressed above. The part about the city terminating a CoP for failure to issue when the PC clearly gives the duty to the CoP not the city still stands I could see a wrongful termination suit coming from an anti-2A CoP for just that reason.

I do recall there was a bill last year that would have made the agreement between a CoP and a Sherriff mandatory in the sense that a CoP would have had to her "permission" from a sheriff. I think it never made it out of committee or some such.
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Old 09-24-2016, 7:05 AM
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Originally Posted by Quiet View Post
West Covina Police Department CCW website

"It is the position of the West Covina Police Department to have all CCW license application processed through the Los Angeles County Sheriff’s Department. For information regarding the application process contact the Los Angeles County Sheriff’s Department by visiting their website at www.LASD.org."


Appears the west Covina Police Department has entered into an agreement with the Los Angeles County Sheriff Department. [PC 26155(c)]
We know that, and we know that he has the authority to do that. What everyone is waiting to hear is whether the CoP will rescind his MOU w/the sheriff to start issuing CCWs again and accept SD = GC. If he refuses, will the city council fire him and replace him w/a new CoP who, as a condition of his employment, will issue CCWs with SD = GC.

Quote:
Originally Posted by baggss View Post
Reply sent. Most of the points I raised were addressed above. The part about the city terminating a CoP for failure to issue when the PC clearly gives the duty to the CoP not the city still stands I could see a wrongful termination suit coming from an anti-2A CoP for just that reason.
If sfpcservice is right (the chief is "at will"), they can fire him for any and all reasons or no reason at all. (unless it violates a strong public policy. E.g., city council gets a new majority that says "you're black?!! You're fired!". That's an anti-racial discrimination lawsuit.)

Quote:
Originally Posted by baggss View Post
I do recall there was a bill last year that would have made the agreement between a CoP and a Sherriff mandatory in the sense that a CoP would have had to her "permission" from a sheriff. I think it never made it out of committee or some such.
IIRC, there was a bill last year or the previous year where a sheriff could enter into a MOU with a CoP to take over issuance of ALL CCWs in the CoP's city. (For those who do not realize it, if you live in an incorporated city and your CoP issues CCWs, you can apply with the sheriff instead. This bill would have taken away that option if the sheriff didn't want to deal with that city's residents. (E.g., in LACo, the sheriff could say "LA City residents have to apply thru LAPD, not LASO.")

Last edited by Paladin; 09-24-2016 at 7:10 AM..
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Old 09-24-2016, 7:18 AM
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Originally Posted by gobler View Post
URGENT!!

To all West Covina residents
Chief Faulkner is playing games even though the Council gave him specific orders. Call Monday and let the council know you are behind them firing his ***.
We are so very close to be the first city in L.A. county to issue.

(626) 393-8401 or

(626) 339-8400


They are closed today so make sure Monday, light up the phones.....

Jeff
Giving this a bump.

And FWIW, Torrance has been issuing CCWs at least since last Feb. See:
http://www.calguns.net/calgunforum/s....php?t=1170826
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Old 09-24-2016, 7:30 AM
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IMO, the following PC is what applies when I say "other legal means"

Quote:
CA PC SS 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
.
I see 3 individual requirements: Residence (3), Good Morals (2) and Good Cause (1). You can meet 1 and 3 and be denied for 2 since it is a separate requirement and not part of the "Good Cause" requirement.

So while the WC CoP could agree to issue for SD=GC, he could then use the morals clause to deny anyone who has ever gotten so much as a parking ticket, a verbal warning or suspended from school in the last 10 years (or more) if he really wanted to and he'd be meeting the requirement as set forth by the council. This is why, IIRC, there is a case pending that challenges the GM requirement.
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Old 09-24-2016, 8:01 AM
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So while the WC CoP could agree to issue for SD=GC, he could then use the morals clause to deny anyone who has ever gotten so much as a parking ticket, a verbal warning or suspended from school in the last 10 years (or more) if he really wanted to and he'd be meeting the requirement as set forth by the council. This is why, IIRC, there is a case pending that challenges the GM requirement.
(1) We know this. We know the 3 requirements. There are no "other legal means" to deny CCWs. Residency is purely a question of fact. GC is where the vast majority of us fail. GMC has some, but relative to GC, very small wiggle room.

(2) Just because GMC is being litigated does not mean it has not already been litigated (in other state & local admin contexts). IIRC, CCWFacts looked into this a few years ago. I've PMed him to ask him to chip in.

(3) Even if the CoP could legally do what you said, as I posted in my previous reply to what turned out to be your post, not Bruce's, there's nothing to stop the city council from passing a resolution telling the chief to cut the garbage out or he'll be fired and replaced, just like with GC.

Quote:
Originally Posted by Paladin View Post
If you are not disqualified from owning a handgun, and you reside in the city of the PD, and your CoP issues, his ONLY discretion is over GMC and GC. The city council is demanding he issue and accept SD for GC. If he tries to monkey w/GMC do you think the city council will stand for it??? They'll FIRE his a-- and replace him with someone who issues the way.
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Old 09-24-2016, 8:27 AM
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That porn store is on Sherman way in the valley not west Covina lol
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Old 09-24-2016, 9:42 AM
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CA is an "at will" state. Unless the CoP had a contract listing the possible causes for terminaton, they can let him go for just being ugly. They do not need to state a reason for firing his sorry butt.
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Old 09-24-2016, 10:32 AM
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Quote:
Originally Posted by Paladin View Post
(1) We know this. We know the 3 requirements. There are no "other legal means" to deny CCWs. Residency is purely a question of fact. GC is where the vast majority of us fail. GMC has some, but relative to GC, very small wiggle room.

(2) Just because GMC is being litigated does not mean it has not already been litigated (in other state & local admin contexts). IIRC, CCWFacts looked into this a few years ago. I've PMed him to ask him to chip in.

(3) Even if the CoP could legally do what you said, as I posted in my previous reply to what turned out to be your post, not Bruce's, there's nothing to stop the city council from passing a resolution telling the chief to cut the garbage out or he'll be fired and replaced, just like with GC.
When the council passed the resolution, they struck down the psychological test portion that the city AG wanted and also started that in looking over hundreds of other jurisdictions that the basic DOJ form is all that is needed and the qualifying factors in processing an application will be

1) the person has the legal right to own a gun
2) the person has not been adjudicated of a mental illnesses
3) the person has not been convicted of spousal abuse
4) the person passed the background check

These were the direct orders given to issue. They did not want the chief playing games.

Nothing about tickets, hairstyles, tattoos, bankruptcy or bad breath... just those parameters. And yes, he was appointed by our last mayor and is at will so he can be dismissed simply for wearing a pink shirt and lime green tie...


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Old 09-24-2016, 11:46 AM
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Quote:
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(1) We know this. We know the 3 requirements.
When I referred to "other legal means" I was referring specifically to the GMC part, which is extremely vague in it's definition as used in the PC. So while GC may be easy, GMC may be hard. There was No "FUD" being spread, I was simply pointing at the PC and hurdles that can be placed by an IA.

Quote:
Originally Posted by gobler View Post
When the council passed the resolution, they struck down the psychological test portion that the city AG wanted and also started that in looking over hundreds of other jurisdictions that the basic DOJ form is all that is needed and the qualifying factors in processing an application will be

1) the person has the legal right to own a gun
2) the person has not been adjudicated of a mental illnesses
3) the person has not been convicted of spousal abuse
4) the person passed the background check

These were the direct orders given to issue. They did not want the chief playing games.
That's awesome. I would still submit that a legal case could be made (IANAL, just IMO, which is worth zero). I'm not saying it won't work, I'm saying legally it could backfire. The fact that the city attorney wanted other things in there might be because he's an anti (is he? You tell me.) or it could be because he sees a potential legal train wreck. I don't know which, but I'm going to be curious to see how both LASD and the clearly anti current WC CoP deal with this development.
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Last edited by baggss; 09-24-2016 at 11:54 AM..
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Old 09-24-2016, 12:13 PM
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Our city Attorney is a female who is a hard core gun grabber. She was just trying to put up obstacles to obstruct the process. The fact that the council could not find one case of psychological tests being part of the CCW process in a hundred jurisdictions shot her argument down. They also noted that there was a judicial ruling that prohibits the psychological test as part of the process.

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