Penal codes that apply to CCW Issuance part1
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  1. #1

    Penal codes that apply to CCW Issuance part1

    CALIFORNIA CODES
    PENAL CODE
    SECTION 12050-12054

    12050. (a) (1) (A) The sheriff of a county, upon proof that the
    person applying is of good moral character, that good cause exists
    for the issuance, and that the person applying satisfies any one of
    the conditions specified in subparagraph (D) and has completed a
    course of training as described in subparagraph (E), 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 that the person applying is
    of good moral character, that good cause exists for the issuance, and
    that the person applying is a resident of that city and has
    completed a course of training as described in subparagraph (E), 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 in which the city is
    located 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.
    (C) The sheriff of a county or the chief or other head of a
    municipal police department of any city or city and county, upon
    proof that the person applying is of good moral character, that good
    cause exists for the issuance, and that the person applying is a
    person who has been deputized or appointed as a peace officer
    pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff
    or that chief of police or other head of a municipal police
    department, may issue to that person a license to carry concealed a
    pistol, revolver, or other firearm capable of being concealed upon
    the person. Direct or indirect fees for the issuance of a license
    pursuant to this subparagraph may be waived. The fact that an
    applicant for a license to carry a pistol, revolver, or other firearm
    capable of being concealed upon the person has been deputized or
    appointed as a peace officer pursuant to subdivision (a) or (b) of
    Section 830.6 shall be considered only for the purpose of issuing a
    license pursuant to this subparagraph, and shall not be considered
    for the purpose of issuing a license pursuant to subparagraph (A) or
    (B).
    (D) For the purpose of subparagraph (A), the applicant shall
    satisfy any one of the following:
    (i) Is a resident of the county or a city within the county.
    (ii) Spends a substantial period of time in the applicant's
    principal place of employment or business in the county or a city
    within the county.
    (E) (i) For new license applicants, the course of training may be
    any course acceptable to the licensing authority, shall not exceed 16
    hours, and shall include instruction on at least firearm safety and
    the law regarding the permissible use of a firearm. Notwithstanding
    this clause, the licensing authority may require a community college
    course certified by the Commission on Peace Officer Standards and
    Training, up to a maximum of 24 hours, but only if required uniformly
    of all license applicants without exception.
    (ii) For license renewal applicants, the course of training may be
    any course acceptable to the licensing authority, shall be no less
    than four hours, and shall include instruction on at least firearm
    safety and the law regarding the permissible use of a firearm. No
    course of training shall be required for any person certified by the
    licensing authority as a trainer for purposes of this subparagraph,
    in order for that person to renew a license issued pursuant to this
    section.
    (2) (A) (i) Except as otherwise provided in clause (ii),
    subparagraphs (C) and (D) of this paragraph, and subparagraph (B) of
    paragraph (4) of subdivision (f), a license issued pursuant to
    subparagraph (A) or (B) of paragraph (1) is valid for any period of
    time not to exceed two years from the date of the license.
    (ii) If the licensee's place of employment or business was the
    basis for issuance of the license pursuant to subparagraph (A) of
    paragraph (1), the license is valid for any period of time not to
    exceed 90 days from the date of the license. The license shall be
    valid only in the county in which the license was originally issued.
    The licensee shall give a copy of this license to the licensing
    authority of the city, county, or city and county in which he or she
    resides. The licensing authority that originally issued the license
    shall inform the licensee verbally and in writing in at least
    16-point type of this obligation to give a copy of the license to the
    licensing authority of the city, county, or city and county of
    residence. Any application to renew or extend the validity of, or
    reissue, the license may be granted only upon the concurrence of the
    licensing authority that originally issued the license and the
    licensing authority of the city, county, or city and county in which
    the licensee resides.
    (B) A license issued pursuant to subparagraph (C) of paragraph (1)
    to a peace officer appointed pursuant to Section 830.6 is valid for
    any period of time not to exceed four years from the date of the
    license, except that the license shall be invalid upon the conclusion
    of the person's appointment pursuant to Section 830.6 if the
    four-year period has not otherwise expired or any other condition
    imposed pursuant to this section does not limit the validity of the
    license to a shorter time period.
    (C) A license issued pursuant to subparagraph (A) or (B) of
    paragraph (1) is valid for any period of time not to exceed three
    years from the date of the license if the license is issued to any of
    the following individuals:
    (i) A judge of a California court of record.
    (ii) A full-time court commissioner of a California court of
    record.
    (iii) A judge of a federal court.
    (iv) A magistrate of a federal court.
    (D) A license issued pursuant to subparagraph (A) or (B) of
    paragraph (1) is valid for any period of time not to exceed four
    years from the date of the license if the license is issued to a
    custodial officer who is an employee of the sheriff as provided in
    Section 831.5, except that the license shall be invalid upon the
    conclusion of the person's employment pursuant to Section 831.5 if
    the four-year period has not otherwise expired or any other condition
    imposed pursuant to this section does not limit the validity of the
    license to a shorter time period.
    (3) For purposes of this subdivision, a city or county may be
    considered an applicant's "principal place of employment or business"
    only if the applicant is physically present in the jurisdiction
    during a substantial part of his or her working hours for purposes of
    that employment or business.
    (b) A license may include any reasonable restrictions or
    conditions which the issuing authority deems warranted, including
    restrictions as to the time, place, manner, and circumstances under
    which the person may carry a pistol, revolver, or other firearm
    capable of being concealed upon the person.
    (c) Any restrictions imposed pursuant to subdivision (b) shall be
    indicated on any license issued.
    (d) A license shall not be issued if the Department of Justice
    determines that the person is within a prohibited class described in
    Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
    Welfare and Institutions Code.
    (e) (1) The license shall be revoked by the local licensing
    authority if at any time either the local licensing authority is
    notified by the Department of Justice that a licensee is within a
    prohibited class described in Section 12021 or 12021.1 of this code
    or Section 8100 or 8103 of the Welfare and Institutions Code, or the
    local licensing authority determines that the person is within a
    prohibited class described in Section 12021 or 12021.1 of this code
    or Section 8100 or 8103 of the Welfare and Institutions Code.
    (2) If at any time the Department of Justice determines that a
    licensee is within a prohibited class described in Section 12021 or
    12021.1 of this code or Section 8100 or 8103 of the Welfare and
    Institutions Code, the department shall immediately notify the local
    licensing authority of the determination.
    (3) If the local licensing authority revokes the license, the
    Department of Justice shall be notified of the revocation pursuant to
    Section 12053. The licensee shall also be immediately notified of
    the revocation in writing.
    (f) (1) A person issued a license pursuant to this section may
    apply to the licensing authority for an amendment to the license to
    do one or more of the following:

    see part 2 and 3

    This was taken from a CalCCW.com link;)

    spc

  2.   
  3. #2

    Part 2

    (A) Add or delete authority to carry a particular pistol,
    revolver, or other firearm capable of being concealed upon the
    person.
    (B) Authorize the licensee to carry concealed a pistol, revolver,
    or other firearm capable of being concealed upon the person.
    (C) If the population of the county is less than 200,000 persons
    according to the most recent federal decennial census, authorize the
    licensee to carry loaded and exposed in that county a pistol,
    revolver, or other firearm capable of being concealed upon the
    person.
    (D) Change any restrictions or conditions on the license,
    including restrictions as to the time, place, manner, and
    circumstances under which the person may carry a pistol, revolver, or
    other firearm capable of being concealed upon the person.
    (2) When the licensee changes his or her address, the license
    shall be amended to reflect the new address and a new license shall
    be issued pursuant to paragraph (3).
    (3) If the licensing authority amends the license, a new license
    shall be issued to the licensee reflecting the amendments.
    (4) (A) The licensee shall notify the licensing authority in
    writing within 10 days of any change in the licensee's place of
    residence.
    (B) If the license is one to carry concealed a pistol, revolver,
    or other firearm capable of being concealed upon the person, then it
    may not be revoked solely because the licensee changes his or her
    place of residence to another county if the licensee has not breached
    any conditions or restrictions set forth in the license or has not
    fallen into a prohibited class described in Section 12021 or 12021.1
    of this code or Section 8100 or 8103 of the Welfare and Institutions
    Code. However, any license issued pursuant to subparagraph (A) or
    (B) of paragraph (1) of subdivision (a) shall expire 90 days after
    the licensee moves from the county of issuance if the licensee's
    place of residence was the basis for issuance of the license.
    (C) If the license is one to carry loaded and exposed a pistol,
    revolver, or other firearm capable of being concealed upon the
    person, the license shall be revoked immediately if the licensee
    changes his or her place of residence to another county.
    (5) An amendment to the license does not extend the original
    expiration date of the license and the license shall be subject to
    renewal at the same time as if the license had not been amended.
    (6) An application to amend a license does not constitute an
    application for renewal of the license.
    (g) Nothing in this article shall preclude the chief or other head
    of a municipal police department of any city from entering an
    agreement with the sheriff of the county in which the city is located
    for the sheriff to process all applications for licenses, renewals
    of licenses, and amendments to licenses, pursuant to this article.



    12050.2. Within three months of the effective date of the act
    adding this section, each licensing authority shall publish and make
    available a written policy summarizing the provisions of
    subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
    Section 12050.



    12051. (a) (1) The standard application form for licenses described
    in paragraph (3) shall require information from the applicant
    including, but not limited to, the name, occupation, residence and
    business address of the applicant, his or her age, height, weight,
    color of eyes and hair, and reason for desiring a license to carry
    the weapon. Applications for licenses shall be filed in writing, and
    signed by the applicant. 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, giving the name of the manufacturer, the
    serial number, and the caliber. 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, applications for
    licenses, amendments to licenses, and licenses shall be uniform
    throughout the state, 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. 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 (A), except to clarify or interpret
    information provided by the applicant on the standard application
    form.
    (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.




    12052. (a) The fingerprints of each applicant shall be taken and
    two copies on forms prescribed by the Department of Justice shall be
    forwarded to the department. Upon receipt of the fingerprints and
    the fee as prescribed in Section 12054, the department shall promptly
    furnish the forwarding licensing authority a report of all data and
    information pertaining to any applicant of which there is a record in
    its office, including information as to whether the person is
    prohibited under Section 12021 or 12021.1 of this code or Section
    8100 or 8103 of the Welfare and Institutions Code from possessing,
    receiving, owning, or purchasing a firearm. No license shall be
    issued by any licensing authority until after receipt of the report
    from the department.
    (b) However, if the license applicant has previously applied to
    the same licensing authority for a license to carry firearms pursuant
    to Section 12050 and the applicant's fingerprints and fee have been
    previously forwarded to the Department of Justice, as provided by
    this section, the licensing authority shall note the previous
    identification numbers and other data that would provide positive
    identification in the files of the Department of Justice on the copy
    of any subsequent license submitted to the department in conformance
    with Section 12053 and no additional application form or fingerprints
    shall be required.
    (c) If the license applicant has a license issued pursuant to
    Section 12050 and the applicant's fingerprints have been previously
    forwarded to the Department of Justice, as provided in this section,
    the licensing authority shall note the previous identification
    numbers and other data that would provide positive identification in
    the files of the Department of Justice on the copy of any subsequent
    license submitted to the department in conformance with Section 12053
    and no additional fingerprints shall be required.



    spc

  4. #3
    12052.5. The licensing authority shall give written notice to the
    applicant indicating if the license is approved or denied within 90
    days of the initial application for a new license or a license
    renewal or 30 days after receipt of the applicant's criminal
    background check from the Department of Justice, whichever is later.




    12053. (a) A record of the following shall be maintained in the
    office of the licensing authority:
    (1) The denial of a license.
    (2) The denial of an amendment to a license.
    (3) The issuance of a license.
    (4) The amendment of a license.
    (5) The revocation of a license.
    (b) Copies of each of the following shall be filed immediately by
    the issuing officer or authority with the Department of Justice:
    (1) The denial of a license.
    (2) The denial of an amendment to a license.
    (3) The issuance of a license.
    (4) The amendment of a license.
    (5) The revocation of a license.
    (c) Commencing on or before January 1, 2000, and annually
    thereafter, each licensing authority shall submit to the Attorney
    General the total number of licenses issued to peace officers,
    pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of
    Section 12050, and to judges, pursuant to subparagraph (A) or (B) of
    paragraph (1) of subdivision (a) of Section 12050. The Attorney
    General shall collect and record the information submitted pursuant
    to this subdivision by county and licensing authority.



    12054. (a) Each applicant for a new license or for the renewal of a
    license shall pay at the time of filing his or her application a fee
    determined by the Department of Justice not to exceed the
    application processing costs of the Department of Justice for the
    direct costs of furnishing the report required by Section 12052.
    After the department establishes fees sufficient to reimburse the
    department for processing costs, fees charged shall increase at a
    rate not to exceed the legislatively approved annual cost-of-living
    adjustments for the department's budget. The officer receiving the
    application and the fee shall transmit the fee, with the fingerprints
    if required, to the Department of Justice. The licensing authority
    of any city, city and county, or county may charge an additional fee
    in an amount equal to the actual costs for processing the application
    for a new license, excluding fingerprint and training costs, but in
    no case to exceed one hundred dollars ($100), and shall transmit the
    additional fee, if any, to the city, city and county, or county
    treasury. The first 20 percent of this additional local fee may be
    collected upon filing of the initial application. The balance of the
    fee shall be collected only upon issuance of the license.
    The licensing authority may charge an additional fee, not to
    exceed twenty-five dollars ($25), for processing the application for
    a license renewal, and shall transmit an additional fee, if any, to
    the city, city and county, or county treasury. These local fees may
    be increased at a rate not to exceed any increase in the California
    Consumer Price Index as compiled and reported by the California
    Department of Industrial Relations.
    (b) In the case of an amended license pursuant to subdivision (f)
    of Section 12050, the licensing authority of any city, city and
    county, or county may charge a fee, not to exceed ten dollars ($10),
    except that the fee may be increased at a rate not to exceed any
    increase in the California Consumer Price Index as compiled and
    reported by the California Department of Industrial Relations, for
    processing the amended license and shall transmit the fee to the
    city, city and county, or county treasury.
    (c) If psychological testing on the initial application is
    required by the licensing authority, the license applicant shall be
    referred to a licensed psychologist used by the licensing authority
    for the psychological testing of its own employees. The applicant
    may be charged for the actual cost of the testing in an amount not to
    exceed one hundred fifty dollars ($150). Additional psychological
    testing of an applicant seeking license renewal shall be required
    only if there is compelling evidence to indicate that a test is
    necessary. The cost to the applicant for this additional testing
    shall not exceed one hundred fifty dollars ($150).
    (d) Except as authorized pursuant to subdivisions (a), (b), and
    (c), no requirement, charge, assessment, fee, or condition that
    requires the payment of any additional funds by the applicant may be
    imposed by any licensing authority as a condition of the application
    for a license.

    spc
    Last edited by spc; 09-29-2007 at 06:51 PM. Reason: new title,,, didn't happen

  5. #4

    Ccw Not San Francisco

    CCW IN SAN FRANCISCO...TRYING GET A CCW IN SAN FRANCISCO. IS
    LIKE THE CITY IN SAN FRANCISCO BANNING HANDGUN BY BOARD OF SUPERVISOR BY CHRIS DALEY...EVEN WE SHOW PROOF. THAT MOST STATES WHO HAVE CCW. THE CRIME RATE DROP BY 27% IN SOME STATES. S.F. IS THE WORST PLACE TO HAVE A HANDGUNS. AND ALSO TRYING TO SHUT ONE
    OF THE LAST GUN SHOP IN S.F. THOSE I WORK FOR THE CITY AND COUNTY OF S.F....ONCE I HAVE 3 YEARS IN. OF THE TOTAL OF FIVE YEARS. I AM MOVING
    TO NEVADA....TO FIND A JOB AS PHARMACY TECH OR WORKING IN SOME TPYE
    OF SECURITY OR LAW ENFORCEMENT. THERE A LOT GOOD PEOPLE IN S.F.,
    KNOWING THE CITY OF S.F. WAS ONCE A SAFE PLACE TO WALK HOME AT
    NIGHT. NOT, ANYMORE! WE CAN THANKS THE BOARD OF SUPERVISOR WHO
    MESS IT UP.

    billye1952
    keep your guard up
    for the home front for this country we love!

  6. #5
    San Francisco has a total of 8 permits out.
    "A kind word only goes so far, a kind word and a gun goes a lot further" 1924
    Be Safe, Be Confident, Get Trained! Copyrighted 1996
    [email protected]

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