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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 05-11-2017, 7:40 PM
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Default If your IA violates the law as written, what next?

Pursuant to 26205. 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.

Pursuant to 26190. (a) (1) Each applicant for a new license or for the
renewal of a license shall pay at the time of filing the application
a fee determined by the Department of Justice. The fee shall not
exceed the application processing costs of the Department of Justice
for the direct costs of furnishing the report required by Section
26185.

Pursuant to 26165. (d) The applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202.


Hypothetically speaking, if my issuing agency violates each and every one of the listed statutes, what recourse do I have?
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  #2  
Old 05-11-2017, 7:43 PM
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Most IA do not consider the 90 day clock to start until the completion of the background check or livescan.

Some IA's have been violating a lot more then this for a very long time.
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  #3  
Old 05-11-2017, 7:46 PM
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Quote:
Originally Posted by 71MUSTY View Post
Most IA do not consider the 90 day clock to start until the completion of the background check or livescan.

Some IA's have been violating a lot more then this for a very long time.

Thank you, but the question is, what recourse do you have? For example, if they require training prior to determination, and then deny you based on insufficient good cause, then they made you spend money you would otherwise not have spent. That is illegal, and so the question is, what can you do about it?
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Old 05-11-2017, 8:06 PM
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Well, you can hire a lawyer and take them to court.

I hope you have deep pockets.
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Old 05-11-2017, 9:12 PM
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Quote:
Originally Posted by mnichols View Post
Well, you can hire a lawyer and take them to court.

I hope you have deep pockets.
And, you should plan that the assessment of your application with that agency might discover some negative elements bearing on whether it might be issued.
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Old 05-11-2017, 10:08 PM
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Quote:
Originally Posted by Librarian View Post
And, you should plan that the assessment of your application with that agency might discover some negative elements bearing on whether it might be issued.
Not sure I understand what you mean here. In my 2nd post, I indicated that the "good cause", was not sufficient, so it was already denied. I am seeking reliable information, on what the legal ramifications for the city are, given it can be shown that they violated the law, several times during the process, and required me to spend money BEFORE finding on my stated good cause.
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Old 05-11-2017, 10:56 PM
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Hypotheticals are slippery, no?

Bad behavior from issuing agencies is nothing new.

If you sued and won, what would you expect? I don't think there would be any chance at all that you would ever get CCW from that agency, nor a lot of others. And it seems unlikely you could be awarded any kind of damages - there's that pesky 'may issue' language in Penal Code.

But that's why there are courts and lawyers. It's tough to make predictions, especially about the future. - Yogi Berra
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Last edited by Librarian; 05-11-2017 at 10:59 PM..
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Old 05-11-2017, 11:29 PM
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Quote:
Originally Posted by Boogaloo View Post
Not sure I understand what you mean here. In my 2nd post, I indicated that the "good cause", was not sufficient, so it was already denied. I am seeking reliable information, on what the legal ramifications for the city are, given it can be shown that they violated the law, several times during the process, and required me to spend money BEFORE finding on my stated good cause.
Locally they said don't take the class till you are approved so in case you are denied it won't cost you extra money. What laws do you say they broke several times? Did the actual guy who processes the apps tell you to take the course before you had an answer?

On a side note: Training is never a bad thing to have under your belt. Try to take it as a learning experience and not lost money.
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Old 05-12-2017, 6:37 AM
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Have you ever heard the term "you can't fight city hall?"
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Old 05-12-2017, 8:10 AM
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Especially here in CA, we are destined to accept a version of the 2nd Amendment that does not coincide with what is written. Our government does have the majority of the power and they use it very often against us. Which to me was the intent of the 2nd to start with - allow the people to protect themselves from their government's outreach as well as other opposing governments invasions.
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Old 05-12-2017, 8:36 AM
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Quote:
Originally Posted by LeadFarmer74 View Post
Locally they said don't take the class till you are approved so in case you are denied it won't cost you extra money. What laws do you say they broke several times? Did the actual guy who processes the apps tell you to take the course before you had an answer?

On a side note: Training is never a bad thing to have under your belt. Try to take it as a learning experience and not lost money.
I may be a bit optimistic, perhaps even a little slower than some, but according to 26165. (d) "The applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202" clearly states that the IA cannot require a person to pay for training prior to determination.... Am I missing something here?

PM sent.
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  #12  
Old 05-12-2017, 8:44 AM
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Quote:
Originally Posted by LeadFarmer74 View Post
Locally they said don't take the class till you are approved so in case you are denied it won't cost you extra money.
Yep, in Ventura the Sheriff's office said do not take the training until they approved you to take the training.
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Old 05-13-2017, 10:34 PM
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Default If your IA violates the law as written, what next?

Quote:
Originally Posted by Librarian
If you sued and won, what would you expect? I don't think there would be any chance at all that you would ever get CCW from that agency, nor a lot of others.

Exactly. Win or lose your case, you will never get a CCW in CA. Not right but true.
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  #14  
Old 05-14-2017, 5:34 AM
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would you not want to appeal your denial, (for clarification), before you sue them. why are you skipping the appeals process ??
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Old 05-15-2017, 7:52 AM
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Quote:
Originally Posted by Boogaloo View Post
I may be a bit optimistic, perhaps even a little slower than some, but according to 26165. (d) "The applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202" clearly states that the IA cannot require a person to pay for training prior to determination.... Am I missing something here?

PM sent.
Did they require you to submit your training before they made a determination on your application? I know that for my app they sent a conditional approval pending my submission of a training certificate.
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