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Old March 8, 2010, 04:24 PM   #47
BillCA
Senior Member
 
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,083
Having followed brother Jim March's exploits to document "May Issue" abuses, I can say that any state that tries to retain "May Issue" will have to have positive rules to keep it.

Most May-Issue schemes stinketh. California's system allows CLEOs and their designates to deny based on their "good cause" not meeting their [arbitrary] level of qualification. Eliminate the "good cause" and now the CLEOs have to look at the character of the applicant.

Quote:
However, partial descretion might be allowed if there are some objective parts to it like written explanations of refusals and an appeal process.
The "objective" part to any CLEO discretion would be as previously mentioned. To deny the permit, the CLEO has to write a letter explaining the reason for the rejection, under oath.

If challenged, then the CLEO will have to show the source material for his rejection. If that turns out to be repeated calls for loud, drunken parties or brawls at your home, repeated domestic violence calls, personal knowledge of your frequent intoxication, etc. then those documents would support a rejection "in the interests of public safety". If the CLEO cannot support his denial with some sort of documentation, the court should be slamming him with fines/fees each time.

The concern about putting too much pressure on either open or CCW carry is that we could find tight limitations imposed by the legislature. For instance, you apply for a carry permit, but in 1978 had a single FTA (failure to appear). Nope, no carry permit for your, Mr. Scofflaw! They may attempt to classify very minor events as grounds for denial. (The Brady Bunch would likely argue this method.)

California has had a tight-fisted control over any form of loaded carry for too long. I think they'd worry that OC would end up costing too much in L.E. response costs or "high-risk" confrontations. Thus, they'll opt to make CCW permits a "nominal cost" -- $10-$20 for 3-4 years as a processing fee. As a prediction...
- Carry permit will be an endorsement on your CDL/ID card
- The law will not be widely publicized.
- May impose a finite limit on number of guns on a permit.
- May require "registration" of your handgun to you.
- Will increase penalites for unlawful carry & branishing.
- Will create penalties for "exposing" (printing)
- Any misuse will revoke the permit, prevent future CCW.
- If revoked, an OC license will be expensive to obtain.
- May require a short quiz on state storage/safety/use laws

Regulating what they call "misuse" will be permissible. The question will be whether the law will be appropriately written or not.
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