Edward Peruta
Regular Member
imported post
Thursday, March 05, 2009
To: San Diego Deputy Sheriff Steve Winchell
San Diego County Sheriff’s Department Weapon Unit
From: Edward A. Peruta
Re: Your request for additional information regarding a final test and live fire
Dear Deputy Winchell,
As you know, I have had a CCW course of instruction awaiting your department’s approval since submitting same to the San Diego Sheriff’s Department license and permit section in November of 2008.
It is my belief that the more difficult it becomes to qualify for and obtain a permit to carry a concealed firearm, the more people will begin to legally carry their firearms openly as demonstrated by the gathering at Pacific Beach this past Saturday February 28, 2009.
Prior to submitting the San Diego CCW course to the San Diego Sheriff’s Department for approval, I made it a point to familiarize and educate myself with the requirements of the California Penal Code where it pertains to firearms and permits to carry concealed firearms.
My background together with the documents submitted, verify that I am currently recognized by the California Department of Justice, State of Connecticut Department of Public Safety and the National Rifle Association as a certified instructor in various aspects of laws and safety issues pertaining to Pistols and revolvers.
I currently have no desire to obtain certification or act in the capacity of, a firearms marksmanship or proficiency instructor.
I am currently certified by the California Department of Justice as a Handgun Safety Course Instructor, and will be incorporating most, if not all, of their firearm safety requirements into any courses offered to prospective applicants for a California Concealed Carry permit in San Diego County.
There seems to be two remaining issues involving the test I am to administer and the live fire mandated by your department.
As to the issue regarding the contents of a test which is being suggested and/or mandated by the San Diego County Sheriff’s Department as part of the course I plan to offer. On advice of legal counsel, (Attorney Rachel M. Baird), I am reluctant to instruct or test course participants in any aspects which are not clearly mandated in the California Penal Code.
I believe I must, ( and shall), teach the law, and will limit my instruction to supplying each student with an electronic copy of the current manual of California Firearms Laws 2007 as published by the California Attorney General’s Office.
I also believe I must, (and shall), teach firearms safety, and will limit my instruction to supplying each student with an electronic copy of the current California Department of Justice Handgun Safety Course manual.
I will, where possible, explain the law and answer any questions from my students, while recommending that any course participants with questions consult with a private attorney on any questions they may have.
I am prepared to administer any mandated test questions at the end of every course on the condition that all questions and answers are provided by the San Diego Sheriff’s Department on official department stationary.
It is my understanding that the Sheriff’s Department may in fact require, in addition to any certification by a recognized outside instructor, live fire of 15 rounds and a written test[/b] prior to any firearms permit being issued. If this is correct, any questions suggested or mandated by the Sheriff’s Department could be included in same.
The opinions and positions stated above are based in part on the fact that the process for obtaining a STATE PERMIT to carry a concealed handgun has been standardized by mandates contained in California Penal Code Section 12051, (see below), which contains provisions establishing that additional documents or information, not necessary “except to clarify or interpret information provided by the applicant on the standard application form are not permitted[/b].
“(C) An applicant shall not be required to complete any additional application or form for a license, or to provide any information other than that necessary to complete the standard application form described in subparagraph[/b] (A), except to clarify or interpret information provided by the applicant on the standard application form.”
California[/b] Penal Code Section 12051.[/b] (a)(1) The standard application form for licenses described in paragraph (3) shall require information from the applicant including, but not limited to[/b], the name[/b], occupation[/b], residence[/b] and business address[/b] of the applicant, his or her age[/b], height[/b], weight[/b], color of eyes[/b] and hair[/b], and reason for desiring a license to carry the weapon[/b]. Applications for licenses shall be filed in writing, and signed by the applicant[/b]. Any license issued upon the application shall set forth the licensee's name, occupation, residence and business address, his or her age, height, weight, color of eyes and hair, the reason for desiring a license to carry the weapon, and shall, in addition, contain a description of the weapon or weapons authorized to be carried[/b], giving the name of the manufacturer[/b], the serial number[/b], and the caliber[/b]. The license issued to the licensee may be laminated. (2) Applications for amendments to licenses shall be filed in writing and signed by the applicant, and shall state what type of amendment is sought pursuant to subdivision (f) of Section 12050 and the reason for desiring the amendment. (3)(A) Applications for amendments to licenses, [/b]applications for licenses[/b], amendments to licenses, and licenses [/b]shall be uniform[/b] throughout the state[/b], upon forms to be prescribed by the Attorney General. The Attorney General shall convene a committee composed of one representative of the California State Sheriffs' Association, one representative of the California Police Chiefs' Association, and one representative of the Department of Justice to review, and as deemed appropriate, revise the standard application form for licenses.[/b] The committee shall meet for this purpose if two of the committee's members deem that necessary. The application shall include a section summarizing the statutory provisions of state law that result in the automatic denial of a license. (B) The forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (C) An applicant shall not be required to complete any additional application or form for a license, or to provide any information other than that necessary to complete the standard application form described in subparagraph[/b] (A), except to clarify or interpret information provided by the applicant on the standard application form[/b]. (D) The standard application form described in subparagraph (A) is deemed to be a local form expressly exempt from the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any person who files an application required by subdivision (a) knowing that statements contained therein are false is guilty of a misdemeanor. (c) Any person who knowingly makes a false statement on the application regarding any of the following shall be guilty of a felony: (1) The denial or revocation of a license, or the denial of an amendment to a license, issued pursuant to Section 12050. (2) A criminal conviction. (3) A finding of not guilty by reason of insanity. (4) The use of a controlled substance. (5) A dishonorable discharge from military service. (6) A commitment to a mental institution. (7) A renunciation of United States citizenship.
Thursday, March 05, 2009
To: San Diego Deputy Sheriff Steve Winchell
San Diego County Sheriff’s Department Weapon Unit
From: Edward A. Peruta
Re: Your request for additional information regarding a final test and live fire
Dear Deputy Winchell,
As you know, I have had a CCW course of instruction awaiting your department’s approval since submitting same to the San Diego Sheriff’s Department license and permit section in November of 2008.
It is my belief that the more difficult it becomes to qualify for and obtain a permit to carry a concealed firearm, the more people will begin to legally carry their firearms openly as demonstrated by the gathering at Pacific Beach this past Saturday February 28, 2009.
Prior to submitting the San Diego CCW course to the San Diego Sheriff’s Department for approval, I made it a point to familiarize and educate myself with the requirements of the California Penal Code where it pertains to firearms and permits to carry concealed firearms.
My background together with the documents submitted, verify that I am currently recognized by the California Department of Justice, State of Connecticut Department of Public Safety and the National Rifle Association as a certified instructor in various aspects of laws and safety issues pertaining to Pistols and revolvers.
I currently have no desire to obtain certification or act in the capacity of, a firearms marksmanship or proficiency instructor.
I am currently certified by the California Department of Justice as a Handgun Safety Course Instructor, and will be incorporating most, if not all, of their firearm safety requirements into any courses offered to prospective applicants for a California Concealed Carry permit in San Diego County.
There seems to be two remaining issues involving the test I am to administer and the live fire mandated by your department.
As to the issue regarding the contents of a test which is being suggested and/or mandated by the San Diego County Sheriff’s Department as part of the course I plan to offer. On advice of legal counsel, (Attorney Rachel M. Baird), I am reluctant to instruct or test course participants in any aspects which are not clearly mandated in the California Penal Code.
I believe I must, ( and shall), teach the law, and will limit my instruction to supplying each student with an electronic copy of the current manual of California Firearms Laws 2007 as published by the California Attorney General’s Office.
I also believe I must, (and shall), teach firearms safety, and will limit my instruction to supplying each student with an electronic copy of the current California Department of Justice Handgun Safety Course manual.
I will, where possible, explain the law and answer any questions from my students, while recommending that any course participants with questions consult with a private attorney on any questions they may have.
I am prepared to administer any mandated test questions at the end of every course on the condition that all questions and answers are provided by the San Diego Sheriff’s Department on official department stationary.
It is my understanding that the Sheriff’s Department may in fact require, in addition to any certification by a recognized outside instructor, live fire of 15 rounds and a written test[/b] prior to any firearms permit being issued. If this is correct, any questions suggested or mandated by the Sheriff’s Department could be included in same.
The opinions and positions stated above are based in part on the fact that the process for obtaining a STATE PERMIT to carry a concealed handgun has been standardized by mandates contained in California Penal Code Section 12051, (see below), which contains provisions establishing that additional documents or information, not necessary “except to clarify or interpret information provided by the applicant on the standard application form are not permitted[/b].
“(C) An applicant shall not be required to complete any additional application or form for a license, or to provide any information other than that necessary to complete the standard application form described in subparagraph[/b] (A), except to clarify or interpret information provided by the applicant on the standard application form.”
California[/b] Penal Code Section 12051.[/b] (a)(1) The standard application form for licenses described in paragraph (3) shall require information from the applicant including, but not limited to[/b], the name[/b], occupation[/b], residence[/b] and business address[/b] of the applicant, his or her age[/b], height[/b], weight[/b], color of eyes[/b] and hair[/b], and reason for desiring a license to carry the weapon[/b]. Applications for licenses shall be filed in writing, and signed by the applicant[/b]. Any license issued upon the application shall set forth the licensee's name, occupation, residence and business address, his or her age, height, weight, color of eyes and hair, the reason for desiring a license to carry the weapon, and shall, in addition, contain a description of the weapon or weapons authorized to be carried[/b], giving the name of the manufacturer[/b], the serial number[/b], and the caliber[/b]. The license issued to the licensee may be laminated. (2) Applications for amendments to licenses shall be filed in writing and signed by the applicant, and shall state what type of amendment is sought pursuant to subdivision (f) of Section 12050 and the reason for desiring the amendment. (3)(A) Applications for amendments to licenses, [/b]applications for licenses[/b], amendments to licenses, and licenses [/b]shall be uniform[/b] throughout the state[/b], upon forms to be prescribed by the Attorney General. The Attorney General shall convene a committee composed of one representative of the California State Sheriffs' Association, one representative of the California Police Chiefs' Association, and one representative of the Department of Justice to review, and as deemed appropriate, revise the standard application form for licenses.[/b] The committee shall meet for this purpose if two of the committee's members deem that necessary. The application shall include a section summarizing the statutory provisions of state law that result in the automatic denial of a license. (B) The forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (C) An applicant shall not be required to complete any additional application or form for a license, or to provide any information other than that necessary to complete the standard application form described in subparagraph[/b] (A), except to clarify or interpret information provided by the applicant on the standard application form[/b]. (D) The standard application form described in subparagraph (A) is deemed to be a local form expressly exempt from the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any person who files an application required by subdivision (a) knowing that statements contained therein are false is guilty of a misdemeanor. (c) Any person who knowingly makes a false statement on the application regarding any of the following shall be guilty of a felony: (1) The denial or revocation of a license, or the denial of an amendment to a license, issued pursuant to Section 12050. (2) A criminal conviction. (3) A finding of not guilty by reason of insanity. (4) The use of a controlled substance. (5) A dishonorable discharge from military service. (6) A commitment to a mental institution. (7) A renunciation of United States citizenship.