Hi all, I've not been too active of late due to work and the lawsuit, but methinks it's time I chimed in.
In California, you can apply to your PD Chief (if you're in a town) or your Sheriff (always). The Chief can issue only within his town, the Sheriff can issue county-wide.
The PD Chief or Sheriff you apply to is legally obligated to:
1) Make the permit application forms and related policy info (fee structure, training requirements, etc.) available to all.
2) Judge every applicant on their own individual merits and needs for a permit. They CAN require a "good cause for issuance" beyond "wants self defense", unfortunately. See also the Salute vs. Pitchess appeals court ruling on my website!
3) Blanket-zero-issuance policies are illegal, again, per Salute vs. Pitchess. If all applicants must be "individually judged", total non-issuance is therefore illegal.
4) Fee structures and requirements must not exceed the limits put in place 1/1/99 by AB2022, the text of which is linked on my site.
San Francisco is in gross violation of just about all of the above. They've got a total of 11 permits out last I heard, and those were mostly "grandfathered" oldtimers that are getting repeat renewals.
IF somebody is willing to print out Salute vs. Pitchess and a few choice documents showing the racial origins of discretionary CCW to the city attorney's office and threaten a lawsuit if the stuff ain't fixed pronto, you might get a deal similar to what I got in Richmond, just across the bay.
Bring along Clayton's "Racist Roots of Gun Control" and the Detroit News article on the origins of Michigan's system in 1927 at the behest of the KKK, both linked on my site.
What I got in Richmond is an agreement for them to fully comply with the above four points. I have now applied based on having "good cause" (DAMN good) and based on conversations with the Chief and Assistant Chief I think I'll get it. I've got copies of the Richmond application forms online, plus notes on what might establish "good cause" if bias and elitism isn't being applied.
Remember that City Attorneys have immense power over the PD Chief. He's a city employee; if he's acting in an illegal fashion the city is liable. The elected Sheriff is a "seperate entity" and much harder to put similar pressure on.
Plan "B" is, sue the both of 'em. See also my pleading, and other notes. These clowns are breaking the law, it's time somebody called 'em on it.
In Contra Costa County the Sheriff has been a VERY bad boy. He's been pre-screening applicants at $100-a-head benefit picnics (benefitting his campaign coffers) and THEN overcharging 'em by hundreds of bux each. I'm tracking that cash now. See also:
http://www.ninehundred.net/~equalccw/mainscan.html
The Sheriff also had blanket-zero-issuance policies in violations of Salute in only TWO towns in the whole county: Richmond and Pittsburg. The Chiefs of these towns had asked him to do so, and didn't issue either. Care to guess which two towns were predominantly black in the otherwise white county? And the Sheriff and both Chiefs were white...geee wiz, Jim Crow alive and well. (NOTE: it was the LAST Chief in Richmond that did this, when the new Chief, the city attorney (Mr. Nishioka) and the assistant Chief (Ray Howard, who is black!) found out what was going on, they cleaned up - fast.
This is unlinked:
http://www.ninehundred.net/~equalccw/disc.doc
It's a preliminary version of my discovery motion against the Sheriff, being reviewed by a lawyer now and "turned into a bit more legalese". It should scare the hell out of him, MAYBE to the point where he'll settle. The proposed settlement ain't gonna be a "softball" as Richmond's deal, I'm asking for county-wide shall-issue in writing!
I should know if I'll get Richmond CCW in a short time, maybe a week or so. IF I do, it'll prove that the techniques of "show 'em what's wrong and gently steer 'em straight" I used in Richmond WORK. Failing that, I'm also trying the "take no prisoners courtroom scorched earth" approach with the Sheriff. Even if it works, that takes longer - start with a meeting with your city attorney, show 'em what's wrong, see if you can get minimal reforms in place. It'll help if you have a reason for needing beyond "general self defense", such as a specific criminal threat, a restraining order, a high-crime-risk job, whatever. See my site for notes.
90% of all Chiefs and Sheriffs are breaking the CCW laws. We get enough lawsuits going, we'll generate bad PR and major $$$ spend on defending 'em and at some point, the legislature will end the chaos by doing statewide reform.
Jim March
