CCW while on probation?

[goo-uh]

Denied for good or moral character even off probation. Unless this was somwthing years ago and nothing current youd have a better chance.

SB2 replaced good moral character with a disqualified persons framework

 

[Darqhelmet]

i don’t have any firearm restrictions i already spoke with my attorney, im assuming most of you have never dealt with any of this type of legal stuff and are just talking

no I try not to be a criminal in my daily life

 

[Darqhelmet]

SB2 replaced good moral character with a disqualified persons framework

Brother, do or don’t. Stop posting about it. When you get your CCW let us know, when you get denied let us know. We aren’t the issuing body. you’re pissing in the wind and saying it’s raining. Go do it.

 

[goo-uh]

no I try not to be a criminal in my daily life

Brother, do or don’t. Stop posting about it. When you get your CCW let us know, when you get denied let us know. We aren’t the issuing body. you’re pissing in the wind and saying it’s raining. Go do it.

i already said i’m going to do it im just replying to the new ppl adding to the conversation, you can mute the thread or whatever im not holding you hostage

 

[mangobango]

It feels like a stupid question but legally speaking I don’t see why I can’t…

I applied for an Alameda County CCW back in May and in August I was arrested then took a deal shortly after for a misdemeanor identity theft (PC530.5a). I was sentenced to a year of unsupervised probation with no firearm restrictions. After researching up to date California law I can’t find anything that says I am disqualified by being on Probation for my specific charge as it is not a drug/alcohol or violent/gun related crime… They recently reached out for fingerprints should I continue with my application and just be honest or withdrawal for my refund and wait out the year?

( THIS WAS MY FIRST AND ONLY ARREST )

If you think I should withdrawal if you can reference a specific code or law that’s up to date i’d really appreciate it!

I seen 26202 does mention being on any active court order but it’s referring to specific types of stay aways and restraining orders etc which don’t apply to my situation… Is there any one that has ever had a ccw while on any type of probation?

I can 99% guarantee they will not allow you to carry while on probation whatsoever. If you lie and you get through the process, you’ll eventually be caught once renewal comes up and then be permanently disqualified at least with said IA. You’d have to move counties for another IA to give you another chance.

Why you committing crimes when trying to carry a gun is the bigger question

 

[goo-uh]

I can 99% guarantee they will not allow you to carry while on probation whatsoever. If you lie and you get through the process, you’ll eventually be caught once renewal comes up and then be permanently disqualified at least with said IA. You’d have to move counties for another IA to give you another chance.

Why you committing crimes when trying to carry a gun is the bigger question

ok thanks

 

[five.five-six]

i already said i’m going to do it im just replying to the new ppl adding to the conversation, you can mute the thread or whatever im not holding you hostage

One of the questions is “have you been denied a ccw in the past”. Some verbiage like that. If you want to know the exact verbiage I suggest you do your own homework. HTH

 

[five.five-six]

I can 99% guarantee they will not allow you to carry while on probation whatsoever. If you lie and you get through the process, you’ll eventually be caught once renewal comes up and then be permanently disqualified at least with said IA. You’d have to move counties for another IA to give you another chance.

Why you committing crimes when trying to carry a gun is the bigger question

I don’t know the terms of his probation but I would think that lying to the police would be boilerplate violation of his probation.

 

[Gawernator]

I work in this industry and I would advise you most general probation terms, regardless of the nature of the conviction, include a “do not possess a deadly weapon” condition.

On a summary (unsupervised/misdemeanor) probation case the public defender who represented you (or whoever your counsel was) should still be able to get you a copy of your conditions. If that doesn’t work out the district attorney’s office of the county having jurisdiction over your case should be able to provide them to you as well.

Maybe felony probation or violent crimes.. not for simple misdemeanor

 

[dvoncock]

Maybe felony probation or violent crimes.. not for simple misdemeanor

Agree. Back when I handled misdemeanors, I never agreed to drug and/or weapons conditions as probation terms, unless there was a logical connected to the charge.

 

[Gravel]

@

On what basis could I be declined though? Maybe I don’t understand the process correctly but I thought pretty much if i’m not disqualified they can’t decline me just because of the charge itself with the new laws and everything?

In California, 2A rights are denied regularly, to entire populations. The state probably knows their laws are unconstitutional, but they pass them anyway, the legal justification is basically “F you, that’s why”. You might end up in that same situation, fighting it would be a decades long process.

Identity theft is not a trivial issue, unless you have a fantastic story about how you should never have been arrested in the first place I’d bet you’ll be denied.

Are you willing to share your story?

 

[drinktothat421]

If you wait till 2027 it will be a 3 year permit. Also.

 

[Specialist_muted]

SB2 replaced good moral character with a disqualified persons framework

On paper, yes. In practice, no.

 

[goo-uh]

On paper, yes. In practice, no.

good to know, i figured they actually played by the book but makes sense if they just tell me fk off for some generic and i’m sure appealing that is a waste of my time too

 

[Pythonfan]

Alameda county will do mental gymnastics to deny a person. Had a friend that got denied for incorrectly stating the % of his military disability. He said one number in application and then during interview, after looking it up, said a higher number.

Alameda took that as misleading them and they denied him. He is appealing of course.

 

[manny_341]

On what basis could I be declined though? Maybe I don’t understand the process correctly but I thought pretty much if i’m not disqualified they can’t decline me just because of the charge itself with the new laws and everything?

Law abiding citizen. They look at everything from Traffic citations, to any other different charges or convictions. No disrespect... but in the law's eyes you're not a law abiding citizen and can be seen as a liability. I would call and ask to talk to your background investigator.Good luck!

 

[riceman]

Damn I read all 7 pages of this, I just realized I will never in my lifetime get the time back I spent here. Some good chuckles though. This is Kali I think that would be enough of a reason. I am willing to bet $10 that if [B][COLOR=rgb(61, 142, 185)]goo-uh[/COLOR][/B] tries he is denied
Good Luck though

 

[Specialist_muted]

good to know, i figured they actually played by the book but makes sense if they just tell me fk off for some generic and i’m sure appealing that is a waste of my time too

When the Supreme Court wrote the Bruen decision, they said the Second Amendment protects the right of an ordinary, "law-abiding, responsible citizen" to carry a handgun for self-defense.

California zeroed in on the word responsible. The state argues that just because you are "law-abiding", it doesn't automatically mean you are "responsible" enough to carry a concealed weapon in public. California uses this single word as a legal wedge to justify its expanded definition of a "disqualified person." Even though a non-violent misdemeanor doesn't strip your right to own a gun, California will use the “responsibility” standard to argue you aren't trustworthy enough to carry one.

Long story short, I wouldn’t apply if I were in your position, that is unless you like throwing money away and having to declare on a future application that you were denied a CCW.

My advice: you’ve managed to make it this far in life without a CCW license. Take the next 5 years (at a minimum) and stay squeaky clean, focus on bettering yourself and revisit applying with a demonstrable recent history of personal growth and good citizenship. You have to now demonstrate that the crime was a lapse in judgment rather than a permanent character trait, and only time can help you in this regard.

Otherwise you can move to a friendlier state or wait in the hopes of a future SCOTUS ruling that aligns with your position.

 

[boostedtsx187]

They look back in criminal history all the way back when I was 18. I had to be honest and forth right. So yes any crime history will show up. Because it so fresh i honest think u will get declined. I am not even sure why you would try tbh.

 

[spyrish]

This has been great to read. I love the eagerness to carry a gun while on probation. I'm sure the person who's identity was stolen would love to hear that this person could be carrying a gun now to protect themselves from crime.