If so, California's Public Records Act law is the perfect vehicle for asking questions because they MUST answer, by law.
This fine-tuned hotrodded V8 monster of a PRAR is designed to accomplish four tasks:
1) Actually get CCW data, including evidence of perjury in some cases (which can then be used in court).
2) Show these top cops we know the CCW rules better than they do.
3) Convince PD Chiefs to "declare G" and take themselves out of the process, and get out of people's way when they seek CCW from their Sheriffs. In virtually every case, that ends up helping us.
4) Show these morons that we're pissed and "out for blood" - question #9 is particularly brutal.
As of 5/2/01 this is preliminary and subject to revision/comments among a limited audience.
Download printable versions of this edition (click one item below)
Download a printable PRAR form in MS-Word 97 format
Download a printable PRAR form in Rich Text Format format
Download a printable PRAR form in MS-Word6.0 (Peter, this is a possible choice for you...)
Actual two-page PRAR form follows:
PUBLIC RECORDS ACT REQUEST
FOR CARRY CONCEALED WEAPONS DATA
RESPONDING AGENCY: _________[ed: write in department name here]____________
YOUR LEGAL REQUIREMENTS:
This is a request for records of application, denial,
issuance and renewal for Carry Concealed Weapons permits issued pursuant
to California Penal Codes 12050-54. The information we seek has been
declared public record by the California Supreme Court in CBS vs. Block
1986, 42 Cal.3d 646. This judgment is viewable online at: http://www.ninehundred.com/~equalccw/cbsvblock.html
(This request is NOT intended to cover data for
issuance of permits to retired law enforcement pursuant to Penal Code 12027.)
We believe that most of the records in question will
be on paper, with the exception of any audiotape recordings of personal
interviews of applicants as noted in request #4. If the records (other
than audio data) are in microfiche or electronic form, we request paper
copies of same unless you have a CD-Writer drive and can easy write the
data out to it, in which case we'll provide blank media to record onto
- please advise us at the contact numbers below if this is the case.
1) Please provide your department's current
local procedures manual for issuance of CCW permits, plus your fee lists
for all costs related to CCW. The policy manual is a document your agency
is required to produce and make public pursuant to PC12050.2, which reads:
12050.2. Within three months of the effective date of the act adding this section (1/1/1999), each licensing authority shall publish and make available a written policy summarizing the provisions of subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of Section 12050.
If your department is a municipal police agency and has chosen to declare the provision in Penal Code 12050(g) to be in effect, you can tell us that and that is the only piece of information we'll need of you; you can then ignore the rest of this request from item #2 on down. For your information, PC12050(g) at the very end of 12050 reads:
(g) Nothing in this article shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this article.
4) Please provide the exact "good cause data" for each issued, denied and pending applicant - with specifics, attached letters containing "good cause details" written by the applicant, supporting data or evidence from the applicant, or any other records your agency used to determine the "good cause" and/or "good character" (or lack thereof) for each applicant. We will not accept a boilerplate phrase such as "For protection of life and property" as that has been held by the court to be specifically inadequate (CBS vs. Block 42 Cal.3d 646).
5) Please provide copies of any audiotape recordings of each issued, denied and pending applicant's personal interview with an agent of your department, as specified in Section 7 of the current state-standard CCW application form and process created by the State Attorney General's office in mid-'99.
6) Please provide the city of residence of each issued, denied and pending applicant. If the applicant lives outside the boundaries of an incorporated town, we need that noted.
7) If any issued applicant has had restrictions on the time, place or circumstances of carry, please list the details for each.
8) Please provide the full text of any agreement with any other law enforcement agency or jurisdiction regarding CCWs, particularly agreements between the Sheriff and any or all of the police departments and/or PD Chiefs in the county. Please provide copies of agreements with state agencies such as CHP, parks police, school/campus police departments, etc. relating to the issuance, approval process, training requirements and/or fees for CCW permits.
9) Please provide the name of any political, social and/or charitable organization whose membership holds more than 30% of the total CCW permits issued by your agency.
10) If this PRAR request is being answered by a Sheriff's department, please list the incorporated municipalities within the county that have local patrol contracts with the Sheriff's department.
Secondary phone / fax / beeper (circle one) (___)_____-__________
Address:_______________________________________________________________
______________________________________________________________________