STANISLAUS COUNTY SHERIFF'S DEPARTMENT

California Penal Code allows the sheriff of a county to issue concealed weapons permits to persons who are:

• Of good moral character
• For whom good cause exists for issuance
• A resident of the county

This is contained generally in Penal Code Section 12050.

A copy of this policy will be made available to any person requesting one.

Good Moral Character

The Department must evaluate whether the applicant is of “good moral character.” An applicant is presumed to be of good moral character unless they:

• Are abusers of alcohol or other legal or illegal substances.
• Knowingly engage in fights.
• Disturbances.
• Other breaches of the peace.
• Have been in criminal violation of others’ rights to privacy.
• Have repeated contacts with law enforcement showing they become involved in incidents where they have no right or business.
• Have legal reasons to preclude them from carrying a concealed weapon.

Good Cause

The applicant must prove or show by evidence and/or reasoning that they have good cause for issuance of a permit.

Good cause for the issuance of a concealed weapons permit is generally that which causes the applicant to be in a position where (s)he is in greater peril of criminal victimization than the average citizen and/or for whom professional law enforcement assistance is unreasonably difficult to obtain given their particular circumstances.

Jurisdiction

For the issuance of a concealed weapons permit, the applicant must reside within the county where the application is made. The Sheriff may issue a permit throughout the county.

Training

A course of training will be successfully completed by each applicant. The course of training must be completed not more than three years prior to the date of application of permit. The training will include topics contained in the Basic Firearms Safety Certificate Workbook as distributed by the California Department of Justice, Office of the Attorney General, and will also include restrictions on firearm carry, moral aspects of firearm carry and use, practical application, discussion of the legal aspects of deadly force and the continuum of force.

In general, any CCW Qualification Course approved by the Stanislaus County Sheriff’s Department containing the general categories of training described in the paragraph above will be required. The department may not require training in excess of 16 hours but it could be acceptable if the CCW applicant obtains training such as 832 PC or Thunder Ranch.

For license renewal applicants, the course of training may be any course approved by the Stanislaus County Sheriff’s Department and shall be no less than four hours, and will include instruction on firearm safety, the law regarding the permissible use of a firearm and by demonstrating handgun proficiency while completing a qualification course consisting of a minimum of 36 rounds fired from distances of three (3) yards to fifteen (15) yards from a standing position.

The Department will evaluate the training completed by the applicant to determine if it meets the standard. Training may be waived upon appropriate showing by the applicant.

If a period in excess of three years has elapsed since the above mentioned training was acquired, the department may require the applicant to re-take the training to demonstrate proficiency and knowledge.

Denial of an Application

When an application results in the denial of a concealed weapons permit, the Department will reply in writing to the applicant within 90 days. The written response will be limited to whether or not the permit has been approved or denied.

There is no requirement to justify or explain a denial of a permit.

Appeal

There is an appeal process to the denial of a permit within the department. In general terms, the agent authorized by the sheriff processing the application makes the initial determination. If the application is denied and the applicant desires to appeal the decision, (s)he must appeal in writing within 30 days of the denial to the Lieutenant of the Detective Bureau.

Should the Lieutenant of the Detective Bureau deny the applicant’s appeal and the applicant desires to appeal that decision, (s)he must appeal directly to the Assistant Sheriff of Operations. Should the Assistant Sheriff of Operations deny the appeal and the applicant desires to further appeal the decision, (s)he must appeal directly to the Sheriff of Stanislaus County. The appeal at each stage must be in writing and the applicant must state the reasons why their application should be approved.

At each stage of the appeal process, the person to whom the appeal was made will respond in writing within 30 days from the date of receipt of appeal. A decision from the Sheriff will be final.

Life of the Permit

A permit which is issued to a citizen is valid for any period of time not to exceed two years and may be revoked at any time.

A permit issued to a reserve peace officer, an out-of-state retired peace officer or a judge is valid for any period of time not to exceed three years from the date of license and may be revoked at any time.

A permit issued to a Stanislaus County Reserve Deputy Sheriff is valid for any period not to exceed four years from the date of license and may be revoked at any time.

Appeal of Revoked Permit

A permit that has been revoked by the Sheriff or authorized agent of the Sheriff may be appealed using the appeal process.

Immediate CCW

The Sheriff or authorized agent of the Sheriff may issue a 90-day employment concealed weapons permit on evidence of immediate need. Applicants will be limited to no more than two 90-day employment concealed weapon permits per calendar year.

Data Collection

No data collection on the applicant, or information contained in the application, will be reported.

Liability

The Department will establish an enforceable holds harmless clause. There will be no liability to the Department, the Sheriff or to the authorized agent of the Sheriff for issuing or denying a permit. Incidents arising from the use of firearms by permit holders will not result in liability being held against the Department, the Sheriff, or the authorized agent of the Sheriff.

In recognition of their responsibility to the community, concealed weapons permit holders should obtain liability insurance to protect the public against accidents or incidents.