Refunds for OC CCW Revocations

[GlockPI]

Anyone know if OCSD will be issuing refunds to anyone that gets their CCW revoked? It would seem they should have to refund the CCW fee, cost of 16 hour required course fee, cost of ammo for course, etc. Thoughts?

[sealbeach]

Originally Posted by GlockPI

Anyone know if OCSD will be issuing refunds to anyone that gets their CCW revoked? It would seem they should have to refund the CCW fee, cost of 16 hour required course fee, cost of ammo for course, etc. Thoughts?

Yeah!!! They SHOULD give you a refund, they WON't though!

[TaxMan]

Originally Posted by GlockPI

Anyone know if OCSD will be issuing refunds to anyone that gets their CCW revoked? It would seem they should have to refund the CCW fee, cost of 16 hour required course fee, cost of ammo for course, etc. Thoughts?

Don't hold your breath. Of course these are the "old" rules, so all of the fees may be required, including the training, before you are approved/denied.
CCW Permit
4. Upon receiving preliminary approval for the CCW permit, the applicant must return to the Sheriff’s Department Professional Standards Division to be fingerprinted and pay the required Department of Justice fees ($73 to $124 depending upon the specific application) before continuing the process. Fingerprints and fees are sent to the Department of Justice for confirmation of identify, criminal history, and firearms possession eligibility. All fees are non-refundable.

5. The clearance from the Department of Justice can take from one to three months. Additionally, CCW applicants must undergo 16 hours of firearms training prior to receiving their CCW permit (Penal Code 12050E). This training must be performed by a Sheriff’s Department approved instructor at the applicant’s expense. The firearm(s) the applicant intends to carry (limit of three) must also be inspected and approved by Sheriff’s Department range staff before a CCW permit is issued. Upon preliminary approval, the applicant will be mailed a list of approved firearms instructors and information on firearms inspection.
Note: Applicants are asked not to complete their firearms training or weapons inspection until after they are notified of their receiving clearance from the Department of Justice.

[Harry Carry]

Remember, no matter what they say, nor whetever case law they may cite (probably Nichols v Santa Clara), Penal Code STRONGLY suggests that revocations for anything other than cause are illegal.

[RomanDad]

Originally Posted by Harry Carry

Remember, no matter what they say, nor whetever case law they may cite (probably Nichols v Santa Clara), Penal Code STRONGLY suggests that revocations for anything other than cause are illegal.

And Contract law demands that if they breach the agreement (you paid for two years, you get two years unless YOU screw it up) that they give you the money back.

[38special]

Hmmmmmmm Make for an interesting Peoples Court case.

[TaxMan]

Originally Posted by 38special

Hmmmmmmm Make for an interesting Peoples Court case.

Mmmmmmmmmmmmm Marilyn Milian! Yeah baby!

[OC Newbie]

...

[OC Newbie]

I asked if I would get a refund since I paid the fees and was approved prior to the new sheriff coming to town. Was told no refunds, change of regime.

[RomanDad]

Originally Posted by OC Newbie

I asked if I would get a refund since I paid the fees and was approved prior to the new sheriff coming to town. Was told no refunds, change of regime.

File a claim with the Sheriffs dept, for the money. You should be able to get the forms from the County Clerk.

When they refuse sue them in small claims court for the fees... They will lose...


If we get enough denials we can class action them and bring them into Superior Court (which would be AWESOME!)

[Ciderbite]

Originally Posted by RomanDad

File a claim with the Sheriffs dept, for the money. You should be able to get the forms from the County Clerk.

When they refuse sue them in small claims court for the fees... They will lose...


If we get enough denials we can class action them and bring them into Superior Court (which would be AWESOME!)

I wish this lady would see the light on this issue. Roman can you give me a hand on this when I receive my letter?

[GlockPI]

Has anyone received a recall notice yet? Are they sending them out to all CCW holders or just the ones that they feel do not have good cause?

[RomanDad]

Originally Posted by Ciderbite

I wish this lady would see the light on this issue. Roman can you give me a hand on this when I receive my letter?

Yes... The first thing we will do is get a copy of the County form up on Romandad.com that needs to be filled out PRIOR to suing the Department.

And then we'll take them from there.... We'll have to see how many we have etc, to see if we want to class action them.... But we'll have time to do the math on that while the County determines if it wants to pay us....

[newshooterinca]

Originally Posted by RomanDad

When they refuse sue them in small claims court for the fees... They will lose...

Are attorneys not allowed in CA small claims as is the case in most states? If so I'd imagine they'd just pay up knowing they can't send in a lawyer to fight it.

[RomanDad]

Originally Posted by newshooterinca

Are attorneys not allowed in CA small claims as is the case in most states? If so I'd imagine they'd just pay up knowing they can't send in a lawyer to fight it.

They are allowed a representative.