FORMAL INQUIRY AND REQUEST FOR CARIFICATION[/b]
Thursday, December 04, 2008[/b]
San Diego[/b] County[/b] Sheriff’s Department[/b]
San Diego[/b], California[/b][/b]
To Whom It May Concern:[/b]
The undersigned is in need of a clarification on the current policies and practices of the San Diego County Sheriff’s Department which mandates questionable requirements regarding the required residence of applicants for CCW permits in San Diego County.[/b]
California[/b] Penal Code Sections[/b] 12050 thru 12054 require CCW applicants to be a “RESIDENT” of the city or county in which application is made.
In order to properly instruct individuals in the mandated requirements to obtain a CCW in California, I have conducted an extensive review of the California Penal Code regarding firearms and CCW permits
This document is prepared and submitted in an attempt to seek a clarification and understand the legislative intent and requirements imposed by the California Legislature through their use of the term “RESIDENT” as it appears in the California penal code.
A serious issue may currently exist where members of the California law enforcement community, by their written and verbal directives, policies, procedures and pracitices have exceeded the mandates of the California Penal Code by expanding the definition of “RESIDENT” in a manner that compels applicants to establish or maintain a domicile in the geographical area where the application is submitted.
If, any incorrect application of the penal code through the restrictive nature of requiring applicants to establish or maintain a “domicile” rather than a simple “RESIDENCE” it is occurring, it incumbent upon law enforcement to immediately correct the situation.
If after any review, it is found that a more restrictive definition of the term “RESIDENT” is currently being incorrectly applied to deny current and future applicants their rights under current California law, it may in fact evidence a clear and unmistakable abuse of power by those who implement the policy or practice.
The questions posed by this situation are simple.
Is there a clear and defined difference between a person who maintains a residence and personwho maintains a domicile?
What are the minimum legal requirements to establish a residence in applying for a CCW permitin the State of California?
Edward A. Peruta
3151 Driscoll Drive
San Diego, CA
Information on which this document is based.
CALIFORNIA[/b] PENAL CODE SECTION [/b]12050.[/b]
(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character[/b], that good cause exists[/b] for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D)[/b] and has completed a course of training[/b] as described in subparagraph (E)[/b], 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 that county a pistol, revolver, or other firearm capable of being concealed upon the person. (B) The chief or other head of a municipal police department of any city or city and county, upon proof[/b] that the person applying is of good moral character[/b], that good cause [/b]exists for the issuance, and that the person applying is a resident[/b] [/b]of that city, and has completed a course of training[/b][/b]
PROVISIONS OF CALIFORNIA PENAL CODE SECTIONS 349, 2027 & 2032[/b], DEFINING AND EXPLAINING “RESIDENCE[/b]”, “DOMICILE”[/b] AND “RESIDENCE IN A TRAILER OR VEHICLE[/b]”
CALIFORNIA[/b] PENAL CODE SECTION 349.[/b]
(a) "Residence"[/b] for voting purposes means a person's domicile.
(b) The DOMICILE of a person is that place in which his or her[/b]
habitation is fixed[/b], wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning[/b]. At a given time, a person may have only one domicile.
(c) The Residence [/b]of a person is that place in which the person's habitation is fixed for some period of time[/b], but wherein he or she does not have the intention of remaining[/b]. At a given time, a person[/b]
may have more than one residence[/b].
CALIFORNIA[/b] PENAL CODE SECTION 2027.[/b]
The place where a person's family is domiciled is his or her domicile unless[/b] it is a place for temporary establishment for his or her family[/b] or for transient objects. Residence in a trailer or vehicle[/b] or at any public camp or camping ground[/b] may constitute a domicile for voting purposes if the registrant complies with the other requirements of this article.
CALIFORNIA[/b] PENAL CODE SECTION 2032.[/b]
Except as provided in this article, if a person has more than one residence[/b] and that person has not physically resided at any one of the residences within the immediate preceding year[/b], there shall be[/b]
a rebuttable presumption that those residences in which he or she has not so resided within the immediate preceding year are merely residences[/b] as defined in subdivision (c) of Section 349 and not his or her domicile[/b].