Today, we won a CCW Application Appeal! This was the first CCW denial appeal case to be adjudicated in Los Angeles County. Senate Bill 2 modified the statutory scheme for CCW applications, effective January 1, 2024. SB2 is the California legislature’s response to the Bruen decision by the United States Supreme court. One part of the new statutory scheme allows a CCW applicant to appeal their license denial. The L.A. County Superior Court hears the appeal pursuant to Penal Code section 26206.
The court assigns all of these cases to Department 50 at the Clara Shortridge Foltz Criminal Justice Center (we commonly call this courthouse CCB) in downtown Los Angeles. The court hears these cases on Tuesdays at 1:30 p.m. We can file the Request for Hearing either at CCB or at a satellite court. If we file it at a satellite court, the court will internally forward the request to CCB and assign the case to Department 50.
The CCW Application
Our client applied for a CCW license in November 2023 with a local police agency. On his application, he revealed that he had been arrested for domestic violence in 2014. The arrest did not result in a criminal case being filed, so he has no convictions in his history. However, he forgot that he was issued an Emergency Protective Order, which is a restraining order that is valid for seven days. So, he omitted the restraining order information on his CCW application.
In February 2024, the police agency denied the CCW license application, initially citing the restraining order. However, the order expired more than five years prior to the application, so it was not disqualifying under Penal Code section 26202. After consulting with us, the client pointed this out to the police agency. Next, the police agency issued a new denial, for “False statement on application.”
The CCW Application Appeal
The client then retained us to file a CCW Application Appeal. We filed the appeal in early March 2024 at the West Covina Courthouse. The court forwarded the Request for Hearing to CCB. The law says that they court must set a hearing within 60 days. The CCW Application Appeal hearing was set for April 30. However, the court had not yet received the client’s RAP sheet from the Department of Justice. The judge was not willing to proceed with the hearing without this information from DOJ. So, we continued the hearing to May 28.
Prior to the hearing date, we filed a brief, explaining the new law to the judge, and how it applied to the facts of this case. The police agency filed a declaration with documents attached. Additionally, we issued a subpoena to the police agency, requesting their entire file related to this CCW application.
The Court Hearing
As of May 28, 2024, the court had yet to adjudicate a single CCW Application Appeal in Los Angeles County. We were the first one! The court has set other hearings regarding CCW application denials that have all been continued for various reasons.
A Los Angeles county deputy district attorney argued the case for the government. The founder of Criminal Defense Heroes, P.C., attorney Don Hammond, argued the case for our client. The police department’s investigating officer and his supervising lieutenant also attended the hearing. The DA argued that the court should deny the appeal because of the mistake on the application. We argued that no law allows for denial of a CCW application under these circumstances. This is especially true in light of the Constitutional rights at issue.
The prosecutor had the burden of proving that our client is a prohibited person. Ultimately, the judge decided that our client is not a prohibited person, is eligible for a CCW license, and the police agency must proceed with processing his application.
Your California Firearms Rights Attorney
For tips on filling out your California CCW application, see our article here. These tips will help set your case up for success in case an appeal becomes necessary.
As of this writing, we are the only law firm in Los Angeles County that has won a CCW application appeal hearing. This is a niche area of law, where you need experienced representation. Attorney Don Hammond is a shooting instructor, has represented clients in gun-related cases for over a decade, and now he won the first CCW application appeal hearing in Los Angeles County. If your CCW application has been denied, contact us today to explore the possibility of a CCW Application Appeal. Contact us today at 323-529-3660!
