License to Carry a Concealed Weapon

Policy

218

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License to Carry a Concealed Weapon

218.1 PURPOSE AND SCOPE

The Sheriff is given the statutory discretion to issue a license to carry a concealed firearm to

residents within the community (Penal Code § 26150). This policy shall provide a written process

for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this policy

shall be made accessible to the public.

218.2 POLICY

All applications to carry concealed firearms shall be fairly and impartially considered in accordance

with applicable law and this policy.

218.3 QUALIFIED APPLICANTS

In order to qualify for a license to carry a concealed firearm, the applicant must meet certain

requirements, including:

1. Be a resident of the County of Orange, except for persons living in another county and

working in the County of Orange, as set forth in §218.5 below(Penal Code § 26150).

2. Be at least 21 years of age. (Penal Code §27510).

3. Fully complete an application that will include substantial personal information. Much

of the information in the application may be subject to public access under the Public

Records Act.

4. Be free from criminal convictions that would disqualify the applicant from carrying a

concealed firearm. Fingerprints shall be required and a complete criminal background

check shall be conducted.

5. Be of good moral character as outlined in section 218.4. (Penal Code § 26150)

6. Pay all associated application fees. These fees are set by statute and shall not be

refunded if the application is denied.

(a) The County of Orange fee for an initial license is waived for Reserve

Peace Officers and Sheriff's Special Officers with the Orange County Sheriff's

Department. The California Department of Justice fee for an initial license is

required.

7. Provide proof of ownership or registration of any firearm to be licensed for concealment

upon request.

8. Be free from any psychological conditions that might make the applicant unsuitable

for carrying a concealed firearm (Penal Code § 26190).

9. Complete required training (Penal Code § 26165).

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218.4 APPLICATION PROCESS

The application process for a license to carry a concealed weapon must be completed by all

applicants, new and renewal. Applicants shall advance through the process until the license is

either denied or issued, unless the application is withdrawn.

1. Application

(a) Any individual applying for a license to carry a concealed weapon shall complete

a California Department of Justice (DOJ) Application. The application shall be

submitted and signed, under penalty of perjury, during the background interview.

(b) Any applicant who provides false information or statements on the application

shall be removed from further consideration and may be prosecuted for a

criminal offense (Penal Code § 26180).

the application package is incomplete, the Sheriff or authorized designee may

do any of the following:

1. Require the applicant to complete the package before any further

processing.

2. Advance the incomplete package for conditional processing pending

completion of all mandatory conditions.

3. Withdraw the application.

4. Issue a denial if the materials submitted at the time demonstrate that the

applicant would not qualify for a license to carry a concealed firearm even

if the package was completed (e.g., not a resident, disqualifying criminal

conviction, etc.).

2. Background Check

(a) Applicants will be required to submit to a live scan criminal background check, at

their own expense, and a local records check as part of the application process.

Upon receipt of the criminal background results from the California Department

of Justice, FBI and local records check, the CCW licensing unit will conduct an

additional evaluation.

(b) No person determined to fall within a prohibited class described in Penal Code

§ 29800, et seq., Penal Code § 29900, Welfare and Institutions Code § 8100

or Welfare and Institutions Code § 8103 will be issued a license to carry a

concealed weapon.

1. Applicants may use any Live Scan fingerprinting service authorized by the

California Department of Justice to complete the fingerprinting process.

2. A current list of Live Scan locations is available on the DOJ website at

www.ag.ca.gov/fingerprints/publications/contact.php.

that the applicant is prohibited by state or federal law from possessing, receiving,

owning or purchasing a firearm (Penal Code § 26195).

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(d) A license shall not be issued to an applicant if their criminal background check

reveals information establishing that they do not meet the requirements of good

moral character as outlined in 218.4.1. (Penal Code § 26150).

3. Interview: As part of the application process, the applicant shall schedule a personal

interview with the Sheriff or authorized designee. During the interview, there will be

further discussion of the applicant's application materials, any information learned

through the background investigation, and any potential restrictions or conditions that

might be placed on the license.

4. Psychological Examination

(a) The Sheriff or authorized designee may requirethe applicant be referred to an

authorized psychologist used by the Department for psychological testing. The

cost of such psychological testing (not to exceed $150) shall be paid by the

applicant. The purpose of any psychological testing is intended only to identify

any outward indications or history of psychological problems that might render

the applicant unfit to carry a concealed firearm. This testing is not intended

to certify in any other aspect that the applicant is psychologically fit. If it is

determined that the applicant is not a suitable candidate for carrying a concealed

firearm, the applicant shall be removed from further consideration (Penal Code

§ 26190(f)(1)).

5. Training & Firearm Safety

(a) The applicant shall complete a course of training approved by the Department,

which complies with Penal Code § 26165. The applicant shall not be required to

complete or pay for any training courses prior to a conditional approval.

(b) The applicant shall successfully complete a departmentally approved firearms

safety and proficiency examination with each firearm to be licensed, and provide

proof of successful completion. The cost of any training, inspection, and

examination shall be the responsibility of the applicant.

Sheriff or authorized designee. The Sheriff reserves the right to deny a license

for any firearm that has been altered from the manufacturer's specifications or

that is deemed unsafe (Penal Code § 31910).

6. Application Fees

(a) The applicant shall be required to pay all application fees associated with the

CCW licensing process. Application fees include a County processing fee and

a Department of Justice application processing fee. (Penal Code § 26190).

1. The first 20 percent of this fee shall be collected upon filing of the initial

application.

2. The balance of the fee shall be collected only upon issuance of the license.

(b) Applicants shall pay the DOJ application processing fee when they are

fingerprinted.

1. Fees shall be paid directly to the Live Scan fingerprinting service provider.

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2. If the Sheriff's Department's Live Scan service is used, applicants shall

make payment via credit card or submit a check made payable to

"County of Orange, Sheriff's Department" for the required DOJ application

processing costs.

(d) The County's fee does not include any additional fees required for training or

psychological testing.

(e) All fees paid are non-refundable.

218.4.1 GOOD MORAL CHARACTER DETERMINATION

A determination regarding whether an applicant satisfies the good moral character requirement

may only be based on objectively ascertainable criteria. (Penal Code § 26150, 26155). These

criteria shall include whether the applicant:

(a) Is prohibited from owning or possessing firearms pursuant to Penal Code §§ 29800,

29805, or 29900, Welfare and Institutions Code§§ 8100 or 8103, 18 U.S.C.§ 922(g),

or any state or federal law;

(b) In the last 10 years, has been convicted of any misdemeanor offense or infraction

involving the unlawful, reckless, or negligent use, discharge, display, storage,

brandishing, possession, sale, receipt, or transfer of a firearm. This subsection shall

include convictions for attempt, conspiracy, or solicitation of any firearm- related

offense;

offense or infraction in the last 5 years that involves: (1) the use or threat of violence

or force, (2) unlawful possession, use, discharge, display, storage, brandishing, sale,

receipt, or transfer of a weapon; (3) sexual abuse or exploitation, (4) child or elder

abuse or endangerment, (5) false imprisonment, (6) fraud, embezzlement, bribery,

money laundering, or other crimes involving dishonesty; (7) the sale, distribution,

manufacture, or trafficking of controlled substances; or (8) involvement in a criminal

street gang. This subsection shall include convictions for attempt, conspiracy, or

solicitation of any such offenses;

(d) Has been subject to any restraining order, protective order, or other type of court order

issued pursuant to §§ 6240-6389 of the Family Code; § 136.2 and§§ 18100- 18205

of the Penal Code; §§ 527.6, 527.8, and 527.85 of the Code of Civil Procedure; or

§§ 213.5, 304, 362.4, 726.5, or 15657.03 of the Welfare and Institutions Code, unless

that order expired or was canceled more than ten years ago;

(e) Has an outstanding warrant for their arrest;

(f) Has been adjudicated a ward of the court for a Welfare and Institutions Code section

707(b) offense;

(g) Within the last year (1 year), has experienced the loss or theft of a firearm due to

the applicant's lack of compliance with federal, state, or local law regarding storing,

transporting, or securing the firearm;

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(h) Makes a material false statement or omission on the application and/or during the

interview, or otherwise fails to disclose required information on any underlying portions

of the application (i.e.: Dealer Record of Sales, etc.).

(i) Is reasonably likely to be a danger to self, others, or the community at large based on

a past pattern of behavior or threats involving unlawful violence (including threats or

attempts of suicide). In making this determination, the Sheriff or authorized designee

shall use an objective inquiry considering the facts and circumstances known at the

time of the application or through the Sheriff's Department's investigation.

The Sheriff or authorized designee may make a determination as to the good moral

character at any step of the application process described above. In the event that an

application is denied on the basis that the applicant fails to demonstrate good moral

character, the denial shall state the basis on which the Sheriff or authorized designee

determined that good moral character was not established.

218.4.2 APPROVAL OR DENIAL NOTIFICATION

Once the Sheriff or authorized designee has verified the successful completion of the process, a

final determination will be made. The application for a license to carry a concealed weapon shall

either be approved or denied.

Whether an application is approved or denied during any step of the process, the applicant shall

be notified in writing within 90 days of the initial application or within 30 days after receipt of the

applicant's criminal background check from the California DOJ, whichever is later. If the license

is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).

The issuance of a license by the Sheriff shall not entitle the holder to either a property or liberty

interest as the issuance, amendment, or revocation of such license remains exclusively within the

discretion of the Sheriff as set forth herein.

218.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED WEAPON

The authority to issue a limited business license to carry a concealed firearm to a non-resident

applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a

municipal police department may not issue limited licenses (Penal Code § 26150). Therefore,

such applicants may be referred to the Sheriff for processing.

An individual who is not a resident of the County of Orange, but who otherwise successfully

completes all portions of the process, may be issued a limited license subject to approval by the

Sheriff and subject to the following:

1. The applicant physically spends a substantial period of working hours in the applicant's

principal place of employment or business within the County of Orange (Penal Code

§ 26150).

2. Such a license will be valid for a period not to exceed 90 days from the date of issuance

and will be valid only in the County of Orange (Penal Code § 26220).

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3. The applicant shall provide a copy of the license to the licensing authority of the city

or county in which the applicant resides (Penal Code § 26220).

4. Any application for renewal or re-issuance of such a license may be granted only upon

concurrence of the original issuing authority and the licensing authority of the city or

county in which the applicant resides (Penal Code § 26220).

218.6 ISSUED CONCEALED WEAPON LICENSE

In the event a license to carry a concealed weapon is issued by the Sheriff, the following shall

apply:

1. The license shall not be valid outside the State of California, unless recognized by

another State.

2. The license shall be subject to any and all reasonable restrictions or conditions the

Sheriff has deemed warranted, including restrictions as to the time, place, manner and

circumstances under which the person may carry the concealed weapon.

(a) All such restrictions or conditions shall be conspicuously noted on any license

issued (Penal Code § 26200).

(b) The licensee shall be required to sign a Terms of License Agreement. Any

violation of any of the restrictions and conditions may result in the immediate

revocation of the license.

3. The license shall be laminated, bearing a photograph of the licensee with the expiration

date, type of weapon, restrictions, and other pertinent information clearly visible.

(a) Each license shall be numbered and clearly identify the licensee.

(b) All licenses shall be subject to inspection by the Sheriff or any law enforcement

officer.

4. The license shall be valid for a period not to exceed two years from the date of issuance

(Penal Code § 26200).

(a) A license issued to state or federal magistrate, commissioner, or judge shall be

valid for a period not to exceed three years.

(b) A license issued under Penal Code § 26170 to any reserve peace officer

appointed pursuant to Penal Code § 830.6 shall be valid for a period not to

exceed four years, except that such license shall be invalid upon the individual's

conclusion of service as a reserve officer.

5. If the licensee's place of residence in Orange County was the basis for issuance of

a license, and the licensee moves out of Orange County, the license shall expire 90

days after the licensee has moved (Penal Code § 26210).

6. The licensee shall notify the CCW licensing unit in writing within ten days of any change

of place of residency. Failure to notify the CCW licensing unit of a change in the place

of residency may result in revocation of the licensee's license.

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7. The licensee shall notify the CCW licensing unit in writing within five days of any

arrests, law enforcement contact resulting from a criminal investigation, or when the

licensee becomes subject of a restraining order.

218.6.1 LICENSE RESTRICTIONS

1. The Sheriff may place special restrictions limiting time, place, manner and

circumstances under which any license shall be valid. In general, these restrictions

shall prohibit the licensee from:

(a) Consuming any alcoholic beverage while armed.

(b) Being in a place, while armed, having a primary purpose of dispensing alcohol

for on-site consumption.

(d) Unjustified or unreasonable displaying of a weapon.

(e) Committing any crime.

(f) Being under the influence of any medication causing physical or mental

impairment or any illicit drug while armed.

(g) Interfering with any law enforcement officer's duties.

(h) Refusing to display his/her license or weapon for inspection upon demand of

any peace officer.

(i) Loading the permitted firearm with illegal ammunition.

(j) Carrying a concealed weapon not listed on the license.

(k) Bringing a concealed weapon into prohibited areas, such as schools, federal

buildings, airports, courthouses, mass transit facility sterile areas (Penal Code §

171.7), or any other area where firearms are prohibited by local, state, or federal

law.

2. The above list is non-exhaustive and does not preclude the Sheriff or authorized

designee from imposing other reasonable restrictions as to the time, place, manner,

and circumstances under which the licensee may carry a concealed weapon.

3. The Sheriff reserves the right to inspect any license or licensed weapon at any time.

4. The alteration of any previously approved weapon including, but not limited to

adjusting the trigger pull or making modifications that create an unsafe weapon (Penal

Code § 31910) shall void any license and serve as grounds for revocation.

218.6.2 AMENDMENTS TO LICENSES

Any licensee may apply to amend a license at any time during the period of validity by completing

and submitting a written Application for License Amendment along with the current processing fee

to the Department in order to (Penal Code § 26215):

1. Add or delete authority to carry a firearm listed on the license.

2. Change restrictions or conditions previously placed on the license.

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3. Change the address or other personal information of the licensee (Penal Code §

26210).

Any amendment to a valid license which is approved by the Sheriff, shall require a new license to

be issued reflecting the amendment. An amendment to any license shall not serve to extend the

original expiration date and an application for an amendment shall not constitute an application

for renewal of the license.

218.6.3 REVOCATION/SUSPENSION OF LICENSES

Any license issued pursuant to this policy may be immediately revoked/suspended by the Sheriff

or authorized designee for any of the following reasons:

1. The licensee has violated any of the restrictions or conditions placed upon the license.

2. The licensee becomes psychologically unsuitable to carry a concealed firearm.

3. The licensee is determined to be within a prohibited class described in Penal Code §

29800, et seq., Welfare and Institutions Code § 8100, Welfare and Institutions Code

§ 8103 or any state or federal law.

4. The licensee no longer meets the objective requirements of good moral

character that were required to issue the license.

The issuance of a license by the Sheriff shall not entitle the holder to either a property or

liberty interest as the issuance, amendment or revocation/suspension of such license remains

exclusively within the discretion of the Sheriff as set forth herein.

If any license is suspended due to lack of compliance with federal, state or local law, the licensee

may be required at the discretion of the Sheriff or authorized designee to attend a firearms safety

refresher course with an approved training provider.

If any license is revoked, the Department shall immediately notify the licensee in writing and

provide notice to the California DOJ (Penal Code § 26195 and Penal Code § 26225).

218.6.4 LICENSE RENEWAL

No later than 90 days prior to the expiration of any valid license to carry a concealed firearm, the

licensee may apply to the Sheriff for a renewal by:

1. Verifying all information submitted in the renewal application under penalty of perjury.

2. Completing a Department-approved training course pursuant to Penal Code § 26165.

The applicant shall not be required to pay for a training course prior to a conditional

approval.

3. Paying a non-refundable renewal application fee.

(a) The County of Orange fee for renewal of a license is waived for Reserve

Peace Officers and Sheriff's Special Officers with the Orange County Sheriff's

Department. The California Department of Justice fee for renewal of a license

is required.

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4. The applicant's firearm(s) is/are subject to inspection at the discretion of the Sheriff

or designated Department member. The Sheriff reserves the right to deny a license

for any firearm that has been altered from the manufacturer's specifications or that is

unsafe (Penal Code § 31910).

Once the Sheriff or authorized designee has verified the successful completion of the renewal

process, the renewal of the license to carry a concealed firearm shall either be granted or denied.

Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal.

Whether an application for renewal is approved or denied, the applicant shall be notified in writing

within 90 days of the renewal application or within 30 days after receipt of the applicant's criminal

background check from the California DOJ, whichever is later. If the license is denied, the notice

shall state which requirement was not satisfied (Penal Code § 26205).

218.7 DEPARTMENT REPORTING AND RECORDS

Pursuant to Penal Code § 26225, the Sheriff shall maintain a record of the following and

immediately provide copies of each to the California DOJ:

1. The denial of a license

2. The denial of an amendment to a license

3. The issuance of a license

4. The amendment of a license

5. The revocation of a license

The Sheriff shall annually submit to the State Attorney General the total number of licenses to

carry concealed firearms issued to reserve peace officers and judges.

218.8 CONFIDENTIAL RECORDS

The home address and telephone numbers of any peace officer, public defender, prosecutor,

magistrate, commissioner, or judge contained in an application or license shall not be considered

public record (Government Code § 7923.805).

Any information in an application or license which tends to indicate when or where the applicant

is vulnerable to attack or that concerns the applicant's medical or psychological history or that of

his/her family shall not be considered public record (Government Code § 7923.800).

218.9 CCW TRAINING PROVIDERS

As part of the state requirements under Penal Code § 26165, the course of training for issuance

of a license may be any course acceptable to the Department that is no less than eight (8) hours

and shall not exceed sixteen (16) hours, and shall include instruction on at least firearms safety

and the law regarding the permissible use of a firearm. For license renewal applicants, the course

of training shall be no less than four (4) hours.

The Department requires that the training provided include classroom instruction and successful

completion of a written examination and a practical application shooting examination. At minimum,

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the course must provide instruction on current applicable firearm laws, weapons safety and include

hands on training. Training providers must impress upon the students the grand importance and

responsibility of being licensed to carry a loaded firearm. The goal of this program is to ensure

that the citizens of Orange County are provided with high quality firearms training.

The guidelines provided are minimums and not intended to be totally comprehensive.

218.10 TRAINING PROVIDER APPROVAL PROCESS

1. Instructor Certification

(a) Training providers must submit a copy of a valid form of photographic

identification and proof of completion of an acceptable Firearms Instructor's

Certification Course for each individual firearms instructor. Examples of

acceptable courses may include, but are not limited to, courses offered by;

1. A federal, state, or municipal law enforcement agency

2. A branch of the United States military

3. The California Bureau of Security and Investigative Services (BSIS)

4. The National Rifle Association

(b) All firearm instructor certifications must be current and in good standing for the

duration of the two-year period they remain on the department's approval list.

2. Course Materials

(a) Training providers must submit their course syllabus, course materials (i.e.,

student materials, handouts, written examination, practical application outline,

etc.), and course(s) of fire to the Department for review and consideration. If

approved, training providers shall be added to the approved training provider list

maintained by the CCW Licensing Unit.

218.11 MINIMUM STANDARDS OUTLINE

The learning objectives for the Concealed Weapons Training course shall not be less than eight

(8) hours and not exceed sixteen (16) hours of training for an initial license and shall not be less

than four (4) hours of training for a license renewal.

Students will be required to:

1. Understand and demonstrate adequate knowledge of handgun safety and handling

(to include cleaning, disassembly and assembly) and handgun storage.

2. Understand and demonstrate adequate knowledge of techniques and equipment used

to safely carry weapons, retain control of weapons, and avoid unwarranted detection

of weapons.

3. Understand and demonstrate adequate knowledge of California Penal Code sections

relating to firearms and sections dealing with the permissible use of a firearm.

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4. Understand and demonstrate adequate knowledge of locations where firearm

possession is prohibited (i.e. air travel).

5. Understand and demonstrate adequate knowledge of civil and penal liability laws

regarding firearms for the state of California.

6. Training Certificate-All training providers must issue a training certificate for each

student to include the following:

(a) Training Provider's Business Name

(b) Student's Name

(d) Training/Live Fire date(s)

(e) Classroom and live fire location

(f) Type of training (Initial, Renewal, Amendment)

(g) Accurate weapon information (make, model, caliber, serial number, barrel

length, color/finish)

(h) Student and trainer signatures

All training providers must verify information on the certificate is complete and accurate prior to

issuing them to the students. Training providers are responsible for the accuracy of the certificate.

Failure to comply with these requirements may be grounds for removal from the approved training

provider list.

Prior to the live fire course, each handgun must be checked for safe and mechanically sound

condition. All safety considerations and precautions must be taken during live fire and weapon

handling. The student must demonstrate shooting proficiency and safe technique for all weapons

to be listed on the CCW license.

Sample Course of Fire

The course of fire utilized by the Department is as follows:

1. A passing score of 70% on a live fire course using the same weapon(s) that shall be

listed on the license. The live fire course shall be at minimum, 72 total rounds fired

at standard silhouette B-27 scoring targets placed 3, 5, and 7 yards from the shooter;

24 rounds per distance. The live fire course should be conducted after the classroom

portion of the certification course.

218.12 APPROVED TRAINING PROVIDER LIST

Approved training providers shall be placed on the list for a period of two years. At the end of the

two year period, the training provider shall be required to resubmit all instructor certifications and

course materials to the Department for review and recertification.

Approved training providers are subject to review by the Department at any

time. The Department may require approved training providers to submit additional

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information and materials to verify compliance with minimum standards. If at any time, the

Department determines that an approved training provider is not complying with the minimum

standards, the training provider shall be removed from the approved list. Training providers

removed from the approved list who would like to be reconsidered for approval, shall need to

resubmit all instructor certifications and course materials for review and consideration by the CCW

Licensing Unit.