imported post
There is a California State case that was researched by Attorney Jason Davis out of Los Angeles where a court approved a settlement with spells out a specific set of guidelines for determining "GOOD CAUSE".
In my denial, the area that really has me baffled is the apparent issue of "MORAL CHARACTER".
I am secure in my belief that I will be considered a "RESIDENT" of San Diego County.
I am secure in my belief that I have stated and justified "GOOD CAUSE".
I am secure in my belief that the San Diego Sheriff's Department has improperly collected 100% of the fees for CCWs with initial applications.
I am also secure in my beliefthat there are countless retired and current members of law enforcement who will offer opinions on my "MORAL CHARACTER".
Here is a few of the areas that Los Angeles agreed to consider regarding CCW applicants.
2. Good Cause. Good cause shall be deemed to exist, and a license will issue in the absence of strong countervailing factors, upon a showing of any of the following circumstances [emphasis added]:
a) The applicant is able to establish that there is an immediate or continuing threat, express or implied, to the applicant’s safety, or the applicants family's safety, and that no other reasonable means exist which would suffice to neutralize that threat. [emphasis added.]
[align=left]b) The applicant is employed in the field of security, has all requisite licenses, is employed by a security firm having all requisite licenses, and provides satisfactory proof that his or her work is of such a nature that it requires the carrying of a concealed weapon.[/align]
[align=left]c) The applicant has obtained, or is a person included within the protections of, a court order which establishes that the applicant is the on-going victim of a -threat or physical violence or otherwise meets the criteria set forth in Penal Code Section 12025.5.[/align]
[align=left]d) The applicant establishes that circumstances exist requiring him or her to transport in public significant amounts of valuable property which it is impractical or impracticable to entrust to the protection of armored car services or equivalent services for safe transportation of valuables.[/align]
[align=left]e) The applicant establishes that he or she-is subject to a particular and unusual danger of physical attack and that no reasonable means are available to abate that threat. [emphasis added.][/align]
[align=left]3. Favorable Factors. Among facts upon which the department will, in the exercise of its discretion, look favorably in considering applications are whether:[/align]
[align=left]a) the applicant has a demonstrated record of responsible handling of firearms;[/align]
[align=left]b) the applicant has a commitment to safe and responsible handling of firearms as shown by having voluntarily taken firearms training;[/align]
[align=left]c) the applicant has a record of good citizenship in general as evidenced, for instance, by service to the community through such activities as creditable service in the armed forces, including the National Guard and state militia or in the police reserves, or of active participation in charitable or public service organizations or activities or in political affairs;[/align]
[align=left]d) the applicant is trustworthy and responsible as evidenced, for instance, by employment history, positions held in civic, political, religious or secular achievements or record of personal accomplishment in other areas of endeavor;[/align]
[align=left]e) that the applicant suffers under a disability or physical handicap; including age or obesity, which hinders the applicant’s ability to retreat from an attacker.[/align]
[align=left]4. Unfavorable Factors. Factors which will bear negatively on issuance (unless they appear to be in the remote past) are:[/align]
[align=left]a) the applicant has a long-term history of mental or emotional instability, alcoholism, drug use or addiction;[/align]
[align=left]b) the applicant has a history of fault in serious accidents with firearms, automobiles or other dangerous instrumentalities;[/align]
[align=left]c) the applicant has had a permit to own or carry a concealed weapon denied, suspended or revoked for good cause by any issuing authority; [emphasis added.][/align]
[align=left]d) the applicant has had a driver's license denied, suspended or revoked for good cause by any issuing authority;[/align]
[align=left]e) the applicant has a long-term record of irresponsible and dangerous behavior with automobiles as indicated by numerous convictions of serious driving offenses;[/align]
[align=left]f) the applicant has a long-term history of conduct from which it appears that he or she is not now of good moral character, trustworthy or responsible. While none of the foregoing. disqualify an applicant per se, a license will be denied if it appears, in the discretion of the department, that the applicant does not now have good character or that issuance of a license to him/her is not consistent with public safety.[/align]
[align=left]5. Presumption.[/align]
[align=left]Absent good cause for denial, persons having good cause as defined above shall be issued licenses for the maximum time period allowed by section 12050, and their license shall issue if the applicant is prohibited by law from possessing or acquiring firearms, or concealable firearms, or is below the age of 21 years.[/align]