RECORDS ACT REQUEST
FOR CARRY CONCEALED WEAPONS DATA
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This is a request for records
of application, denial, issuance and renewal for Carry Concealed Weapons permits
issued pursuant to California Penal Codes 12050-54.
The information we seek has been declared public record by the California
Supreme Court in CBS vs. Block 1986, 42 Cal.3d 646.
This judgment is viewable online at: http://www.KeepAndBearArms.com/EqualCcw/cbsvblock.html
(This request is NOT
intended to cover data for issuance of permits to retired law enforcement
pursuant to Penal Code 12027.)
We believe that most of the
records in question will be on paper, with the exception of any audiotape
recordings of personal interviews of applicants as noted in request #4.
If the records (other than audio data) are in microfiche or electronic
form, we request paper copies of same unless you have a CD-Writer drive and can
easy write the data out to it, in which case we'll provide blank media to record
onto - please advise us at the contact numbers below if this is the case.
Please provide your department's current local procedures manual for issuance of
CCW permits, plus your fee lists for all costs related to CCW.
The policy manual is a document your agency is required to produce and
make public pursuant to PC12050.2, which reads:
Within three months of the effective date of the act adding this section
(1/1/1999), 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.
If your department is a
municipal police agency and has chosen to declare the provision in Penal Code
12050(g) to be in effect, you can tell us that and that is the only piece of
information we'll need of you; you can then ignore the rest of this request from
item #2 on down. For your
information, PC12050(g) at the very end of 12050 reads:
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
We request the data for
questions #2 through #9 below for every CCW transaction pursuant to PC12050-54
for the last 5 years:
Please provide the correct legal name of each issued, denied and pending
applicant, and any aliases, maiden names, etc.
Please provide the dates of application, denial, issuance and/or renewal for
each issued, denied or pending applicant.
Please provide the exact "good cause data" for each issued, denied and
pending applicant - with specifics, attached letters containing "good cause
details" written by the applicant, supporting data or evidence from the
applicant, or any other records your agency used to determine the "good
cause" and/or "good character" (or lack thereof) for each
applicant. We will not accept a boilerplate phrase such as "For
protection of life and property" as that has been held by the court to be
specifically inadequate (CBS vs. Block 42 Cal.3d 646).
Please provide copies of any audiotape recordings of each issued, denied and
pending applicant's personal interview with an agent of your department, as
specified in Section 7 of the current state-standard CCW application form and
process created by the State Attorney General's office in mid-'99.
Please provide the city of residence of each issued, denied and pending
applicant. If the applicant lives
outside the boundaries of an incorporated town, we need that noted.
If any issued applicant has had restrictions on the time, place or circumstances
of carry, please list the details for each.
Please provide the full text of any agreement with any other law enforcement
agency or jurisdiction regarding CCWs, particularly agreements between the
Sheriff and any or all of the police departments and/or PD Chiefs in the county.
Please provide copies of agreements with state agencies such as CHP,
parks police, school/campus police departments, etc. relating to the issuance,
approval process, training requirements and/or fees for CCW permits.
Please provide the name of any political, social and/or charitable organization
whose membership holds more than 40% of the total CCW permits issued by your
If this PRAR request is being answered by a Sheriff's department, please list
the incorporated municipalities within the county that have local patrol
contracts with the Sheriff's department.
|Name of person or group
requesting data: ________________________
Date of request:___/___/___
Contact phone (primary): (___)_____-__________
Secondary phone / fax / beeper (circle one) (___)_____-__________