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Thread: Suggested Denial Questions

  1. #1
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    QUESTIONS THAT SHOULD BE ASKED IN PREPARATION FOR BRINGING AN APPEAL REGARDING ANY INVESTIGATION THAT LED TO A CCW DENIAL[/b]


    [/b]Is the San Diego County Sheriff’s Department a nationally accredited department?[/b]
    [/b]
    Does the San Diego County Sheriff’s Department mandate that ALL fees be paid prior to conducting an investigation?[/b]
    [/b]
    Who in the San Diego Sheriff’s Department conducted the investigation of my CCW application?


    [/b]Who in the San Diego Sheriff’s Department supervised or supervises the investigator(s)?[/b]
    [/b]
    Who in the San Diego Sheriff’s Department is in the chain of command all investigators?[/b]
    [/b]
    Did the San Diego Sheriff’s Department investigator receive any training or certification to conduct investigations?[/b]
    [/b]
    Are CCW investigators in the San Diego Sheriff’s Department trained in the California Penal Code, in particular, areas pertaining to CCW Permits?[/b]
    [/b]
    What guidelines are used by the San Diego Sheriff’s Department to evaluate the information contained in CCW applications?[/b]
    [/b]
    Does the San Diego Sheriff’s Department evaluate all information contained in a CCW application?[/b]
    [/b]
    Does the San Diego Sheriff’s Department have written policies and procedures establishing the process regarding CCW permit applications, investigations, approval/denial and any the appeal process?[/b]
    [/b]
    Is the person who makes the initial CCW decision to approve or deny a sworn member of the department?[/b]
    [/b]
    Is Assistant Sheriff Cooke a supervisor of any investigator(s)?[/b]

    [/b]Are CCW decisions made by one person or a committee of indiviauals?[/b]
    [/b]
    Who makes the actual decision to approve or deny?[/b]
    [/b]
    Is the initial denial, (prior to any appeal), reported to the Department of Justice (DOJ)?[/b]
    [/b]
    Was the applicant found to be a "resident" in the geographical area of the issuing authority?[/b]
    [/b]
    Was the applicant determined to be of “Good moral Character”?[/b]
    [/b]
    Were any disqualifying factors found in the applicants criminal background check?[/b]
    [/b]
    Was applicant found to have successfully completed the required Course of Training?[/b]
    [/b]
    Were any character references contacted as part of the investigation?[/b]
    [/b]
    Are the mandates and provisions of the California Penal Code referenced and followed during all CCW investigations? [/b]

    [/b]Is good cause as determined by the San Diego Sheriff’s Department clearly defined?[/b]
    [/b]
    Is the determination of “GOOD CAUSE” arbitrary made on a case by case basis?[/b]
    [/b]
    What specific steps are referenced for personal protection in the denial letter?[/b]

    [/b]How many personal protection permits were applied for in the past 24 months[/b]

    [/b]How many personal protection permits were approved in the past 24 months?[/b]
    [/b]
    Are the approved “GOOD CAUSE” statements found on page 13 of the STANDARD APPLICATION for CCW permits available for public inspection if REDACTED of names, addresses and identifying information?[/b]
    [/b]
    Are the denied “GOOD CAUSE” statements found on page 13 of the STANDARD APPLICATION for CCW permits available for public inspection in redacted form?


    READ MORE AT THIS LINK

    http://www.ourrockyhill.com/1.Califo...20Reporter.doc



    [/b][/b]





  2. #2
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    Good stuff, but I think a better question is "Why isn't this state a shall-issue state yet?".

  3. #3
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    Whether or not California is a SHALL issue or MAY issue state is a polictial problemthat must be addressed through the legislative or initiative process.

    What toubles me is the fact thatCURRENT LAW is being ingnored, abused and not followed by those that are sworn to enforce it the way it is currently written or interpreted by the courts.

    I for one believe that manyissuing authorities not just in California have taken the WE DO IT OUR WAY attitude.

    Public officials frequently apply their own beliefs and do it there way knowing full well that most citizens lack the financial resources to challenge their decisions and policies.

    Without a clear definition of "GOOD CAUSE", the concept is and remains vague, ambiguous and applied in arbitrary and capricous manner based on the personal and/or politial beliefs of those making the decsions.

    A statment of good cause made inone California jurisdiction may be foundvalid by one person and invaild in another.

    I hope this issue iseventually resolved,but demand that the existing laws be followed to the letter of the law.



  4. #4
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    Oh, Jeez, now you're expecting THE AUTHORITIES to be answerable to THE PEOPLE.

  5. #5
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    Statkowski,

    You don't just visit, read and post in the California section of this site, and should know from reading the Connecticut section that I tend to find the proper forum to hear my complaints.

    I'm old enough and experienced enough to know that public officials don't like to change the way they conduct the public's business.

    I for one learned many valuable lessons in the same place your did, (I have the same ribbon), one of which is that the path to victory and success is not always the path of least resistence.

    I'mdon't expectthe Law Enforcement authorities in San Diego to willingly be answerable to the people or the provisions of the California Penal Code, and realize that they may have to be ORDERED to be answerable.

    I am currently considering legal action if the issues I have found and effect me are not addressed and resolved properly.

    I don't like it when public officials make their own laws and rules, especially when it involves my rights and privledges.

    For those of us whohave fought for it, freedom has the flavor the protected shall never taste.

    I would rather join with others in similar situations and share the cost, and will evalutate this situation during the next several weeks.

    There are things in the wind that could be very interesting here in San Diego.

    Semper Fi

    Ed Peruta




  6. #6
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    My previous comment was somewhat facetious. As a former Nutmegger, now a Westylvanian, I'm rootin' for ya big time. And, as a former local government official, I was somewhat of the oddball because I insisted on being as open to the public as possible.

    We've gone through some local and state issues here in the Keystone State, and I have been part of that (I got a county ordinance changed), so again, I'm rootin' for ya big time.

    Hold them to the letter of the law. Laws must be construed conservatively in favor of the citizen if any ambiguity exists. Anything else is state-sponsored tyranny.

  7. #7
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    Post added to allow others to know more about the background of why I filed in Federal Court on October 23, 2009.

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