We have helped several clients get their LA County CCW denials overturned. Attorney Don Hammond has helped dozens of clients throughout the state at hearings pursuant to California Penal Code section 26206. Based in Los Angeles County, most of our hearings have been in LA.
LA County CCW Licensing Process
California is a “shall issue” state for CCW licenses. Most CCW license applications in LA County should be granted without any problems. Penal Code sections 26150 and 26155 require issuing agencies to grant CCW license applications if you meet certain criteria. These criteria are:
- 21 years of age;
- Live in the jurisdiction where you apply;
- Eligible to own and possess firearms;
- Not disqualified under section 26202;
- Complete the required training;
- Legally own the firearm(s) that you want to list on the CCW license.
The LA County CCW License Application
To apply for a license to carry a concealed firearm in the State of California, you have to apply with your police or sheriff’s department. In some counties, the county sheriff’s department process all CCW license applications. In Los Angeles County, the local police department where you live will process your CCW license application. Most agencies use an online service called Permitium, but some use a different vendor or paper applications. The various agencies set their own application fees, but they range from around $100 to around $500.
Be sure to fill out the CCW license application completely and honestly. If you provide incomplete or inaccurate information in connection with the application, the police or sheriff’s department “shall not issue” the license. And the expedited appeal process in section 26206 does not apply to “failure to disclose” denials. Consider getting your own livescan report from the California Department of Justice before you fill out the application. That way, you will know exactly what is on your background report. You do not want to leave anything off of your application.
If you have ever been issued a citation to appear in court for anything that might be a misdemeanor or felony, put it on the application. The application asks about arrests, but in California, a citation is legally considered an arrest. It will show up on your background as an arrest, even if you were not taken into custody and booked.
You will have to list three references on your LA CCW license application. Think carefully about who you list. They should be people who know you well. Do not list people who don’t like you or people who don’t like guns.
The Interview
After you submit your CCW license application, the police or sheriff department’s CCW unit will invite you to come to the station for an interview. Try to relax; for most people, the interview is not a big deal. At the interview, a detective will review your application and ask any follow-up questions. Prior to the interview, the detective will search various databases for information about you. Be completely honest about anything that may be in your history. Don’t make jokes, just answer the questions. Do not provide additional information that the detective does not ask for.
Psychological Evaluation
Some Los Angeles County CCW agencies require a psychological evaluation for every applicant. Some require it on a case-by-case basis. And some agencies never ask for a psychological evaluation. If your agency requests that you complete a psychological evaluation, you should comply. It will cost approximately $500.
The evaluation will consist of standardized testing and an interview, usually via Zoom. The standardized testing is usually an MMPI, but some evaluators use other tests. The MMPI has internal validity scales that detect if you are trying to put yourself in a positive light. Try to relax and answer honestly. Trying to game the system is rarely successful.
Try to relax. Be on time, answer questions politely, and be honest. Do not provide additional information that the evaluator does not ask for.
LA County CCW Training
California law requires a 16-hour training class for CCW license applicants. Some schools do a lot of the class online with only a short time at the range. At ShootSafe Learning, the instructors conduct a live 8-hour classroom training and a full 8-hour range day. On the range, they cover draw techniques, malfunction clearing, marksmanship, moving while shooting, use of barricades, close quarter combat, and much more.
LA County CCW Denial Criteria
California is a “shall issue” state for CCW licenses. The police or sheriff can only deny a license for certain specified reasons. These reasons are listed in Penal Code section 26202. They include recent restraining orders, specified recent convictions, and being addicted to controlled substances or alcohol.
The most general disqualifying criteria is, “reasonably likely to be a danger to self, others, or the community at large.” This is where the psychological evaluation comes in.
Another troubling denial reason is in section 26202(a)(5): “Has engaged in an unlawful or reckless use, display or brandishing of a firearm.” This is troubling because there is no time limit. Some agencies are denying licenses under this criteria for unintentional discharges and old gun possession charges, even if you were not convicted. Some judges are upholding these denials. This writer believes that this section is unconstitutional because it lacks a time limit, and is vague. We need a good case to challenge this statute in the court of appeals.
LA County CCW Denial Hearing Process
When a California CCW application is denied, the applicant can request a court hearing within 30 days of the denial. The court hearing process is governed by Penal Code section 26206. The hearing is not really an appeal. It’s a whole new hearing, where a prosecutor has the burden of proving that you are a disqualified person under the criteria in section 26202.
To try to meet their burden of proving that you are a disqualified person, the district attorney will use information from the police agency’s file. They may use your criminal history, anything you failed to disclose on the application, or a psychological evaluation to try to show that you should be disqualified from having a CCW license.
Prior to a Los Angeles CCW denial appeal hearing, we interview the client and gather documents. Then, we issue a subpoena to the police agency that denied the application. Finally, we research, draft and file a legal brief, explaining how the law applies to your situation.
After all of that, we appear at the hearing and tell the judge why they should order the police or sheriff department to issue your California CCW license.
LA County CCW Denial Attorney
If your LA County CCW license is denied, attorney Don Hammond is the man to call. He has helped clients with dozens of court hearings to overturn CCW license denials. He knows the court process, the judges, and what it takes to win. We have helped clients with denials based on psychological evaluations, old criminal history, restraining orders, and more. Don is the host of the CA Gun Law channel on YouTube. No attorney in the state has more experience challenging CCW denials. Check out this article for more information. If your LA County CCW application has been denied, contact us today to explore the possibility of a CCW denial hearing. Contact us today at 323-529-3660!