Policy Statement

Subject: Ridgecrest Police Department Concealed Carry Weapons (CCW) Permit – Applicant Information

Objective
1. To summarize the policy and procedures for issuing, revoking, and amending permits to carry concealed weapons
Policy
1. The Chief of Police of the Ridgecrest Police Department of Kern County may issue a CCW permit pursuant to Section 12050(a) (1) (13) and (C) of the California Penal Code. Such issuance is discretionary – the Chief of Police is not required to issue a CCW permit, nor does the applicant have a right to such a permit. Certain criteria must be examined prior to the Chief of Police issuing a CCW permit. This Department attempts to issue CCW permits in a fair and equitable manner to the public while at the same time insuring that the public is not endangered by careless proliferation of needless permits.
Procedures
1. Eligibility - Adult Citizens, who:
  1. Reside in Ridgecrest;
  2. Demonstrate good moral character,
  3. Demonstrate good cause for carrying a concealed weapon, and,
  4. Have successfully completed an acceptable course of training are eligible for a CCW permit
2. For a city or county to be considered an applicant’s principal place of employment or business, the applicant must be physically present in it during a substantial part of his/her working hours for purposes of that employment or business.
  Persons appointed by the Chief of Police as a reserve peace officer are eligible for permit issued by the Chief of Police, provided:
  1. They demonstrate good moral character, and
  2. Good cause exists for the issuance of a permit
    1. Good Cause: Both Penal Code Section 12050(a)(1) and the Police Department’s responsibility for the public’s safety dictate that good cause be established prior to the Chief of Police issuing a CCW permit. In evaluating good cause and determining whether it has been established, the Chief of Police will give careful consideration to the reason(s) for requesting the permit that is/are documented on the application. Personal convenience alone will not constitute good cause for the issuance of a permit. Job position, classification, or an asserted need for personal protection will not alone establish good cause, but they may weigh significantly in determining good cause
    3. Acceptable Course of Training: This course is not to exceed 16 hours in length. However, this department may optionally require all applicants to complete a community college course certified by the Commission on Peace Officer Standards and Training, not to exceed 24 hours. Training is required uniformly of all permit applicants without exception and will include instruction on firearm safety and the law regarding the permissible use of a firearm. Permit renewal applicants are required to take a similar course that is at least 4 hours in duration. Course certificates are subject to review by the Ridgecrest Police Department for acceptance.
    4. Fees:
      1. Local: This Department will collect $20.00 of its total fee for the actual costs of processing the application at the time of filing. The remainder will be collected at the time a permit is issued. This department’s total fee is currently set at $100.00 and does not include any fingerprinting or training costs that are paid to others. This department will charge for the original application and $10 for an amended permit and an additional fee of up to $25 for renewal processing. These local fees will increase at the same rate the California Consumer Index increases. This Department may waive fees for processing the application for a peace officer appointed pursuant to subdivision (a) or (b) of Penal Code Section 830.7. All local fees will be transmitted to the appropriate local treasury.
        Psychological Testing: An applicant may be charged up to $150 for the cost of psychological testing, if such testing is required and conducted. The psychologist used shall be the same used by this department in testing of its own employees. An applicant can be charged up to $150 a second time for further psychological testing, but only if there is compelling evidence that such testing is necessary.
      2. Department of Justice: The Department of Justice can charge to the applicant the costs of processing the applicant’s background check. This fee is currently set at $95. This fee will increase per the legislatively approved annual cost-of-living adjustments for the Department of Justice’s budget.
      3. "Except as authorized pursuant to subdivisions (a), (b), and (c), no requirement, change, assessment, fee, or condition that requires the payment of any additional funds by the applicant may be imposed by any licensing authority as a condition of the application for a license.” Penal Code Section 12054(d).
    5. Exposed weapon permit: (if the population of Kern County is less than 200,000 according to the last federal census) The Chief of Police may, at his/her discretion, issue a permit to carry an exposed weapon
    6. Restrictions: An issued permit may include any reasonable restrictions or conditions that the Chief of Police deems warranted, including restrictions as to the time, place, manner and circumstances under which the permit holder may carry a concealed weapon. Any such restrictions will be indicated on the permit itself.
      1. A CCW permit does not allow a permit holder to picket with a concealed weapon. This act is prohibited by Penal Code Section 12590.
      2. The permit holder must notify this department in writing within ten (10) days of any change in place of residence.
    7. Expiration: A CCW permit is valid for up to two (2) years, with some exceptions:
      1. A permit issued to one of the following individuals is valid for up to three years; a judge of a California court of record, a full-time court commissioner of a California court of record, a judge of a federal court, or a magistrate of a federal court.
      2. If the permit holder moves from the county of issuance and his residence in that county was the basis for issuance, the permit would expire ninety days after moving.
      3. A permit issued to a reserve peace officer is valid for up to four years, or up to the conclusion of that officer’s appointment, whichever comes first.
      4. If the permit is for an exposed weapon and the holder moves to another county, the permit expires immediately.
    8. Records and Reports: This department is responsible for:
      1. An annual submission to the Attorney General of the total number of permits granted to peace officers (including reserve peace officers) and judges.
      2. Keeping a record of and notifying the Department of Justice whenever a permit is issued, amended or revoked, or an application or amendment is denied.
      3. Publishing and making available a written policy summarizing the provisions of Penal Code sections 12050(a)(1)(A) and (B).
Criteria Towards Approval or Denial
1. The Chief of Police may consider the following criteria in deciding whether good cause and/or good moral character has been demonstrated:
  1. Criteria that favor approval:
    1. Applicant is a retired or off-duty law enforcement officer, prosecutor, or judge.
    2. Applicant satisfactorily demonstrates a danger to his/her life or of great bodily harm to self, spouse, or dependent children, which cannot be reasonably avoided by alternative measures, and which would be significantly mitigated by the applicant’s carrying of a concealed weapon.
  2. Criteria that favor denial:
    1. Renunciation of United States citizenship.
    2. A history of recent substance or alcohol abuse.
    3. A punitive discharge from the military service.
    4. Previous denial for cause of a CCW permit.
  3. Automatic denial: If the Department of Justice determines that the applicant falls within a prohibited class described in Penal Code Section 12021 or 12021.1 or Welfare and Institutions Code Section 8100 or 8103, the Chief of Police will automatically deny the application.
  4. The Chief of Police may also consider any other available information related to good cause or moral character.
Application Processing
1. The applicant must complete the current California Department of Justice Standard Application for License to Carry a Concealed Weapon (CCW) Form. In completing the application form the applicant will be required to state his/her name, occupation, residence and business address, age, height, weight, color of eyes and hair, and reason for desiring a permit. The applicant will be required to sign the application.
2. The applicant will attest to the truthfulness of statements contained in the application. S/he will be advised that knowingly making false statements is punishable as a misdemeanor, and knowingly making false statements regarding any of the following is punishable as a felony:
  1. Denial or revocation of a permit, or denial of an amendment to a permit.
  2. A criminal conviction.
  3. A finding of not guilty by reason of insanity.
  4. The use of a controlled substance.
  5. A dishonorable discharge from military service.
  6. A commitment to a mental institution.
  7. A renunciation of United States citizenship.
3. Applicants will return the completed application along with proof of passing the approved training course and will not be required to provide any other information, with the exception of any information necessary to clarify the information given on the form. However, applicants may be required to submit to psychological testing if the Chief of Police deems such testing necessary. If this department requires psychological testing, the applicant will be referred to a licensed psychologist used by this department to test its own employees.
4. The fingerprints of each applicant will be taken by livescan and will be forwarded to the Department of Justice, along with the fee the Department of Justice requires for processing the application and issuing a report to the Chief of Police. The Department will then furnish the Chief of Police a report of all data and information it may have that pertains to the applicant, including information as to whether the person is prohibited under Penal Code section 12021 or 12021.1 or Welfare and Institutions Code section 8100 or 8103 from possessing, receiving, owning or purchasing a firearm. However, if the applicant already has a permit or has previously applied for one, and information has previously been forwarded to the Department of Justice, no application form or fingerprints will be required.
5. Upon receipt of the report of the Department of Justice, the Chief of Police will either accept or deny the application.
  1. If the Chief of Police accepts the application, the applicant will be notified in writing within 90 days of filing the application for a new permit or permit renewal, or 30 days after receipt of the applicant’s criminal background check from the Department of Justice, whichever is later. The applicant will be required to remit the remainder of the local fee charged for processing.
    1. An issued permit will contain, in addition to the information the applicant is required to state on the application, a description of the weapon(s) authorized to be carried, including the name of the manufacture, the serial number, and the caliber. An issued permit will be laminated.
  2. If the Chief of Police denies the application, the applicant will be notified in the manner prescribed above.
Revocation
1. Automatic: The Chief of Police will revoke a permit if s/he determine, or is notified by the Department of Justice, that the permit holder is within a prohibited class described in Penal Code section 12021 or 12021.1 or Welfare and Institutions Code section 8100 or 8103.
2. Discretionary: The Chief of Police may also revoke a permit if s/he is given reason to believe that allowing the applicant to carry a concealed weapon would no longer be in the best interest of public safety. Instances that may lead to such a conclusion include, but are not limited to, the following:
  1. Permit holder fails to comply with the requirements of the Penal Code or any rule, regulation, or other applicable law that must be compiled with in all particulars.
  2. Permit holder fails to carry permit on his or her person at all times while carrying a concealed weapon, and/or fails to submit permit and/or weapon for inspection on demand of a peace officer or other proper public employee.
  3. Permit holder fails to give strict attention to the safety and rights of the public while carrying a firearm.
  4. Permit holder fails to maintain his/her weapon in good working order.
  5. Permit holder suffers an emotional or nervous disorder which interferes with the ability to safely use or operate a firearm.
  6. Permit holder is committed either voluntarily, to a hospital, mental institution, or other facility for treatment of a mental or emotional disorder or for the abuse of alcohol or illegal drugs.
  7. Permit holder becomes intoxicated while carrying a firearm.
3. Procedure: Upon revocation the Chief of Police will immediately notify the Department of Justice and the permit holder in writing. The permit holder is not entitled to a hearing prior to revocation if his/her livelihood is not dependent on the permit and the permit is of a restrictive nature. The Chief of Police will not make public the reason for revocation, so as to avoid liability for damaging a permit holder’s reputation.
Amendment
1. Reason(s): A person with a CCW permit may apply for an amendment to the permit to do one or more of the following:
  1. Add or delete authority to carry a particular concealable weapon.
  2. Change any restrictions or conditions on the permit, including restrictions on the time, place, manner and circumstances under which the permit holder may carry a concealable weapon.
  3. Authorize the permit holder to carry a concealable weapon.
  4. (if the county population is less than 200,000 according to the latest federal census) Authorize the permit holder to carry an exposed weapon.
2. Processing: Applications for amendments to permits must be filed in writing and signed by the applicant, and must state what type of amendment from the above list is sought and why it is sought.
3. A permit cannot be amended to extend its original expiration date. An application for an amendment is not the same as an application for a renewal.
4. If the permit holder changes his/her address, a new permit will be issued reflecting the change.
Appeals
1. An applicant wishing to appeal the denial of an application for a permit or an amendment to a permit, or of a revocation of a permit may do so by contacting the Commander of Support Services and scheduling a date and time for a hearing.
2. Automatic denial: During this hearing the Chief of Police or his/her designee will uphold the denial or revocation if it is determined that the applicant or permit holder is a member of a class that is disallowed by law from carrying a weapon, per Penal Code section 12021 or 12021.1 or Welfare and Institutions Code section 8100 or 8103.
3. Discretionary review: Criteria that might favor upholding the denial or revocation include, but are not limited to:
  1. Circumstances consistent with those of applicants who have been denied permits in the past.
  2. A recommendation by the City Attorney that the denial or revocation be upheld.
4. Further appeal: If this department upholds the denial or revocation, the appealer can appeal to the Attorney General in writing.
Confidentiality Ruling
1. Pursuant to the California Supreme Court Case CBS versus Block, information contained on this application may be released to the general public and/or media, except as otherwise provided by law

Policy Statement

City of Ridgecrest

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