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Concealed Carry Discussion General discussion regarding CCW/LTC in California |
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#1
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Ccw revoked. What to do?
I was approved for my CCW permit just over one year ago. In June I was an applicant for the Ventura county sheriff department but was disqualified for having a marijuana paraphernalia ticket eleven years prior. Today in the mail I had a notice from the VCSD that stated my ccw permit was revoked on account of this marijuana paraphernalia citation. Is there a process to appeal this decision? Can I ever get my permit back? Any advice would be greatly appreciated. Thank you.
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#2
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Did they ask and you not tell about the violation ? If they caught you being untruthful,I guess that might be a problem.
I noted all my tickets and the time I had handcuffs on in the back of the patrol car 20+ yrs ago, on my CCW app. |
#3
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Your circumstances require some professional legal help, and frankly Im not certain you will get much traction in a sucessful appeal. Before you surrender the license you could call CGF and see if there is anything you can do.
__________________
Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#5
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I did tell the officer during my interview about what had happened and he acted like it was no big deal. I will call CGF and see what they think the best idea is before I surrender my permit. Thank you for the help and if anyone else has advice it would be greatly appreciated
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#6
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If you didn't list it in the application, you might be in a tuff spot. I always tell my students that omission is worse than commission. I agree with getting professional advice before proceeding.
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Lee F. Smith Managing Partner Shooters Paradise LLC. 1407A Colusa ave Yuba City, CA 95993 NRA-ILA EVC for Butte County California. |
#8
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+1 for contacting CGF. This is exactly the kind of issue they love to deal with......because the truth is, you are absolutely able to OWN a firearm under current federal law. And drug use has to be RECENT, which is defined in the CFR. If you can own a gun, you should be able to get a permit as well.
I have a similar arrest (no disposition) on my record. My initial CCW appt is Oct 3rd. I will disclose the arrest and hope they don't screw with me like that. |
#9
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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#10
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You can read the writing on the wall Harris has no way to stop issuing but she can make sneezing in public enough to revoke. I am sorry to hear about your situation it sucks but the laws on marijuana don't go away even in California. What code was cited on the violation?
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#11
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How can they issue a CCW and revoke it based on known info? That's like hiring a felon and firing him for being a felon.
If it is on record that you told them during your interview, I think you will have enough to start something up. |
#12
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Is possessing marijuana 'paraphernalia' even prima facie evidence of drug use?
And what is marijuana 'paraphernalia' anyway? A water pipe? rolling papers? a lighter? matches? They won't stop until EVERYONE has a criminal jacket. |
#13
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^^^this seems your only hope^^^^
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#14
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Nothing wrong doing this in an "at-will" work state (of which California is one). Felons aren't a protected class, if a CEO wakes up one morning and decides he doesn't want felons working for him, off they go.
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Ian Lindsay Tracy, CA |
#15
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The OP mentioned it to the officer who interviewed him, and said interviewer -assuming the OP had already documented it-said "its OK", not realizing the omission. Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button. Another case of the right hand not knowing what the left is doing. Unfortunately, in a discretionary issue district with no appeal rights-or only window dressing appeal rights-the OP is probably done for. Unless he can get his original interviewer to attest that the offense was disclosed, its curtains. Few public employees have that kind of integrity these days.
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The more prohibitions you have, the less virtuous people will be. The more subsidies you have, the less self reliant people will be. -Lao-Tzu, Tau Te Ching. 479 BCE The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream. |
#16
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" Because the info was omitted, when the authorities checked their work and saw the incident they noticed nothing in the packet and hit the Red Button."
The "authorities". Stalin would love that concept. Newsflash: The USA is a Constitutional Republic. A Democratic nation. We don't recognize 'authorities'. At least real Americans don't recognize authorities. But since you do, may your chains rest lightly upon you. |
#17
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#21
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Unlike the OP, my state government HAS to issue me a CCW permit if I pass a background check. Period.
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The more prohibitions you have, the less virtuous people will be. The more subsidies you have, the less self reliant people will be. -Lao-Tzu, Tau Te Ching. 479 BCE The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream. |
#22
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You could try to get an appointment with the Sheriff himself, to discuss/appeal the decision.
You will have to explain why you checked no on the question: "Are you now, or have you ever been, addicted to a controlled substance or alcohol, or have you ever utilized an illegal controlled substance, or have you ever reported to a detoxification or drug treatment program. If yes, please explain." Marijuana paraphernalia being? Where was it? Was it yours? Did you smoke pot? Have you smoked pot in the last ten years? Be prepared to offer multiple character references that will attest to your drug-free "good moral character" lifestyle. Bring up that you told the investigating Deputy the circumstances of the "ticket", and that you did not believe that you were being untruthful when you signed the application. If you can do that, then it's worth a try. Won't hurt to say you voted for him in June 2010 (only if you ARE a registered voter). He will be running for office in the future.
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Don't ask how many guns I own, I lost count. Last edited by JohnCCW; 09-04-2013 at 4:35 PM.. Reason: spelling |
#23
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As for water pipes... Some of those things are works of art! |
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#25
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OP state he had his marijuana card, so I bet he had actual marijuana or a used pipe or something, not just some papers and matches. I think OP needs to just chalk this up as a loss and quit doing drugs. |
#26
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You might be in a tough spot, since the Sheriff's of counties have the final say, but....it's entirely possible to have certain convictions "expunged". This would require a lawyer to intervene, to get a "friendly" judge to sign an expungement order....and it would probably set you back a few thousands of bucks.
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#27
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You at least got issued one. I was denied for not having a good enough cause. I tried to use logic on why I NEED one. Apparently you are only allowed a CCW if you're rich, a victim, or you know someone who can put in amazing word for you.
Paraphanilia could be anything really. I saw a friend get a ticket for having a hookah because you COULD smoke weed out of it. |
#29
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LOL^^ that's funny.
__________________
NRA Member The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot All that is required for evil to prevail is for good men to do nothing. -Edmund Burke I'd much rather go to my grave never needing my gun, than go there wishing I had it. - Phil Dalmolin The Battle of Athens was illegal too. |
#30
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"Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit" [Matt 28:19] |
#33
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Everyone, permit holders or not, must demand shall issue.
What is going on now with permits in CA is exactly WHY the constitution was written and the reason for guaranteed rights. Those who don't get involved because he or she "has theirs" is a significant part of the problem. Eventually, that lenient may issue or even shall issue individual sheriff will be replaced by someone else - then it might well be back to the lotto for everyone in that area.
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NO ISSUE / MAY ISSUE / SHALL ISSUE - LTC progress over time since 1986 |
#35
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Did not say is was not, but did say your excuse for not getting approved was not true...
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"Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit" [Matt 28:19] |
#38
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Quit trying to explain yourself. Once some people get their CCW, they stop caring that there are many more who can't. They do not remember what it was like to be oppressed, so they are unsympathetic when we are denied.
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WARNING: This post will most likely contain statements that are offensive to those who lack wit, humor, common sense, and or maturity. Satire: A literary composition, in verse or prose, in which human folly and vice are held up to scorn, derision, or ridicule. _____________________________________________ |
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