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  1. #1

    Default Turned Down for CCW Based on Arrest, No Conviction

    My question involves criminal law for the state of: California

    I was arrested 10 years ago for domestic violence and had a temporary restraining order against me for two years. I was never charged by the DA because I did nothing wrong. I was recently turned down for a CCW permit. I have an excellent background and I am a law abiding citizen with good cause to carry protection and do not fall into any of the prohibiting categories that would deny me the right to carry a concealed weapon. What kind of advice can anyone offer?

  2. #2
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    Default Re: Arrest No Conviction Ccw California

    Quote Quoting bassfisherman
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    My question involves criminal law for the state of: California

    I was arrested 10 years ago for domestic violence and had a temporary restraining order against me for two years. I was never charged by the DA because I did nothing wrong. I was recently turned down for a CCW permit. I have an excellent background and I am a law abiding citizen with good cause to carry protection and do not fall into any of the prohibiting categories that would deny me the right to carry a concealed weapon. What kind of advice can anyone offer?
    Why were you turned down?

    Who turned you down? Did the local law enforcement agency turn you down, or did you fail to pass the firearms clearance with the DOJ?

  3. #3

    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    I can legally buy pistols. I was denied from the sheriff.

    I pass DOJ on buying guns. Plus I held a Top Secret Security clearance through them for the past 20 years including the year I was arrested.

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    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    Quote Quoting bassfisherman
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    I can legally buy pistols. I was denied from the sheriff.
    Then you may have little recourse except to appeal to the Sheriff. CCWs in CA are NOT "shall" issue, they are discretionary. If, for whatever reason, the sheriff's office does not approve of it, you will have to seek the CCW in another jurisdiction if you qualify, appeal it, or live without carrying a concealed firearm.

    Do you know WHY they rejected you? Lack of sufficient need?

    Arrested? Were you convicted? What were you convicted for, and how long ago was it? THAT might play into the equation.

  5. #5

    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    I was never charged by the DA just arrested by the police. This was all 10 years ago and I have proven good cause.

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    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    Quote Quoting bassfisherman
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    I was never charged by the DA just arrested by the police. This was all 10 years ago and I have proven good cause.
    You may THINK you have "proven" good cause, but apparently you haven't. Unless, of course, they turned you down for other reasons.

    Understand that what YOU believe to be good cause may not be what THEY believe to be goo cause.

    When you asked, why did they tell you that you were denied? If you have not asked, then you need to avail yourself of whatever appeal process might be available, or make an appointment to speak to the administrating officer of the program.

    FYI: I got your forwarded e-mail, but cannot reply as your settings apparently do not allow you to receive e-mail through this site.

  7. #7

    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    in this county they have gone on record as saying self protection is good cause. I went beyond that in my good cause statement. I haven't got a reason yet as to why I was denied. I am waiting to hear from them. I appealed

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    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    Quote Quoting bassfisherman
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    in this county they have gone on record as saying self protection is good cause. I went beyond that in my good cause statement. I haven't got a reason yet as to why I was denied. I am waiting to hear from them. I appealed
    Then you will have to wait and hear what they have to say.

    But, as CA is not a "shall issue" state, you really are at the mercy of the Sheriff's office unless your local P.D. also issues CCWs and you live within the jurisdiction. In my county it is only the sheriff no matter what city you live in.

  9. #9

    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    Yes I will wait to see what the sheriff says. He is the only one that can issue here. My real question was could they deny me on the arrest with no conviction since an arrest is not a prohibiting category on the application form for California, only convictions are. Assuming I meet all other criteria can I legally fight the denial if it is based on something that does not prohibit me according to the policy to issue CCW permits/

  10. #10
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    Default Re: Turned Down for CCW Based on Arrest, No Conviction

    Quote Quoting bassfisherman
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    Yes I will wait to see what the sheriff says. He is the only one that can issue here. My real question was could they deny me on the arrest with no conviction since an arrest is not a prohibiting category on the application form for California, only convictions are. Assuming I meet all other criteria can I legally fight the denial if it is based on something that does not prohibit me according to the policy to issue CCW permits/
    It is my understanding that the issuance of CCWs is discretionary. If the chief executive (the Sheriff in this case) does not want to issue a permit, he likely does not have to.

    Now, I may be wrong on this as this is an issue that I rarely hear about, but I suspect that unless you can show some form of unlawful discrimination on the part of the Sheriff's office (such as your being turned down because of your perceived race or other protected status), I don't know that you have any real recourse. You might check with the various state and national firearms organizations and see if they have any insight.

    Note the language that says "may" issue ....

    12050. (a) (1) (A) The sheriff of a county, upon proof that the
    person applying is of good moral character, that good cause exists
    for the issuance, and that the person applying satisfies any one of
    the conditions specified in subparagraph (D) and has completed a
    course of training as described in subparagraph (E), may issue to
    that person a license to carry a pistol, revolver, or other firearm
    capable of being concealed upon the person in either one of the
    following formats:
    (i) A license to carry concealed a pistol, revolver, or other
    firearm capable of being concealed upon the person.
    (ii) Where the population of the county 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.

    Since the law says "may" it gives the Sheriff a great deal of discretionary leeway. You might have a heck of a road to travel to try and prove some sort of malfeasance.

    But, if you appeal it and bring the facts of whatever concerns they have out in the open, maybe you can obtain it after all.

    Many counties in CA do not issue CCWs without very good cause, if at all. Some issue quite readily. A lot depends on the county you live in. The more rural the county, the more likely it will be issued. If you are in a very urbanized county - such as the many along the coast - you are less likely to have it issued.

    Quote Quoting bassfisherman
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    Yes I will wait to see what the sheriff says. He is the only one that can issue here. My real question was could they deny me on the arrest with no conviction since an arrest is not a prohibiting category on the application form for California, only convictions are. Assuming I meet all other criteria can I legally fight the denial if it is based on something that does not prohibit me according to the policy to issue CCW permits/
    If you have the money, you can try to fight it on whatever grounds you feel is necessary. Arguing they violated their own policy might be possible ... but, you better read the entire ordinance that covers this and not just the blurb that might be on the web site, and, you better have a few dollars saved up to pursue the matter in court.

    However, given the nature of the law, I don't know that you'd have any grounds to argue a refusal unless you could show that it was refused as a result of some illegal discrimination or malfeasance.

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