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  #1 (permalink)  
Old 03-14-2009, 07:10 PM
gjj gjj is offline
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Default What if they sent you a "revoke" letter and you don't get it?

This is a serious question. What if they send you a revoke letter and you don't get it? It could happen.

A person would then be carrying illegally until he tries to renew.

If you were stopped by an officer, you have to notify them you are carrying. The officer runs your license and it shows the status as revoked. Now what?

What would you be charged with and what are the consequences for your right to own firearms?
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Old 03-14-2009, 07:16 PM
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Quote:
Originally Posted by gjj View Post
This is a serious question. What if they send you a revoke letter and you don't get it? It could happen.

A person would then be carrying illegally until he tries to renew.

If you were stopped by an officer, you have to notify them you are carrying. The officer runs your license and it shows the status as revoked. Now what?

What would you be charged with and what are the consequences for your right to own firearms?
No way to prove you did or did not get it. I don't see any possible way they could prosecute you. No DA would file that case.
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Old 03-14-2009, 07:17 PM
PUNK PUNK is offline
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HYPOTHETICALLY THINKING....

I would think that on the day of revocation, another letter would be sent out.
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Old 03-14-2009, 08:06 PM
gjj gjj is offline
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What if you don't get the second letter?
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Old 03-14-2009, 08:10 PM
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I would not be surprised if you got a visit from from some employees of the OCSD...

They WILL find you, sooner or later. Not a good idea to play that game.
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Old 03-14-2009, 08:17 PM
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THE Gimper THE Gimper is offline
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Originally Posted by sealbeach View Post
I would not be surprised if you got a visit from from some employees of the OCSD...

They WILL find you, sooner or later. Not a good idea to play that game.
I don't think he's trying to play a game. I think he's seriously concerned about the possibility that a letter might be sent to him that he (for whatever reason) does not receive.

This is just another aspect of why she should not be revoking these permits. The onus is on them to make sure the holders are properly advised of their status. If they aren't sending out certified letters, it could leave people in a precarious legal position.
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Old 03-14-2009, 08:54 PM
gjj gjj is offline
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I am not playing a game. I am just proposing a "what if?"

My understanding is that the letter will be one sole notice that your permit has expired. There is no second letter. There is no requirement that you turn in your CCW copy. There is no visit.

Is this correct? In the letters they are sending out, are they requiring that you send in your CCW if you refuse to agree to have it terminated voluntarily?
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Old 03-14-2009, 10:04 PM
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Quote:
Originally Posted by gjj View Post
I am not playing a game. I am just proposing a "what if?"

My understanding is that the letter will be one sole notice that your permit has expired. There is no second letter. There is no requirement that you turn in your CCW copy. There is no visit.

Is this correct? In the letters they are sending out, are they requiring that you send in your CCW if you refuse to agree to have it terminated voluntarily?

These are excellent points...
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Old 03-14-2009, 10:15 PM
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Quote:
Originally Posted by gjj View Post
I am not playing a game. I am just proposing a "what if?"

My understanding is that the letter will be one sole notice that your permit has expired. There is no second letter. There is no requirement that you turn in your CCW copy. There is no visit.

Is this correct? In the letters they are sending out, are they requiring that you send in your CCW if you refuse to agree to have it terminated voluntarily?
Nobody can say what they will do for the people that do not turn in their CCWs for early revocation. They might send out a certified second letter. Or they might send out a regular letter. They might visit your house or work. They might do nothing.

I guess if you are that worried you can call the OCSD and ask if you should have received a letter.

I think getting caught carrying with a revoked CCW is not going to work out good for you one way or the other. Where that leads to, is probably beyond anybody here to answer.
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Old 03-14-2009, 10:18 PM
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What is going on is not legal IMHO. So lets keep it clean. Let them/her break the law. Let them/her step on civil rights. We are better than that.



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Old 03-14-2009, 10:25 PM
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THE Gimper THE Gimper is offline
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Quote:
Originally Posted by BonoVox View Post
Nobody can say what they will do for the people that do not turn in their CCWs for early revocation. They might send out a certified second letter. Or they might send out a regular letter. They might visit your house or work. They might do nothing.

I guess if you are that worried you can call the OCSD and ask if you should have received a letter.

I think getting caught carrying with a revoked CCW is not going to work out good for you one way or the other. Where that leads to, is probably beyond anybody here to answer.
But that's precisely his point. What we've all been saying is, if you don't get a letter, you're fine. But, what if a letter was sent out, and you never received it. How are you supposed to know that your permit has been revoked? This just shows the legal jeopardy she may be putting law-abiding citizens into by her actions.
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Old 03-14-2009, 11:04 PM
Ipleadthe2nd Ipleadthe2nd is offline
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I live in a slightly remote area and the USPS is not reliable; I do not have a permit and do not carry (yet), but I would have to think that your permit (unless active LE) came with an expiration date. Speaking in completely hypothetical terms, you should contact the issuing authority prior to expiration; it's always on you to cover your own butt. In the case that you did something that might jeopardize your status, it will always pay off to contact the authorities and ensure your status (adherence and subjection to responsibility is the highest of qualities).
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Last edited by Ipleadthe2nd : 03-14-2009 at 11:10 PM. Reason: should've elaborated further
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Old 03-14-2009, 11:44 PM
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Quote:
Originally Posted by Ipleadthe2nd View Post
I live in a slightly remote area and the USPS is not reliable; I do not have a permit and do not carry (yet), but I would have to think that your permit (unless active LE) came with an expiration date. Speaking in completely hypothetical terms, you should contact the issuing authority prior to expiration; it's always on you to cover your own butt. In the case that you did something that might jeopardize your status, it will always pay off to contact the authorities and ensure your status (adherence and subjection to responsibility is the highest of qualities).
You have some catching up to do.
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Old 03-15-2009, 12:03 AM
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For the sake of discussion:

The letter should be treated like any other service of process. If you don't sign for it as a received piece of certified mail, there is no way to prove you did or did not receive it. The only way is if you sign for it or they personally deliver the notice. Regular mail is not sufficient for notice when there are legal sanctions involved. An Order for Examination is a legal document which if not served properly, is a misdemeanor and if the servee doesn't show up, will have a bench warrant issued by a judge. Subpoenas have to be personally served because if you don't show up, you can be found in contempt and fined $500 dollars. If there is a criminal charge or civil contempt/warrant which could be issued - then there must be personal service.

Same with this revoke letter. If they can charge you with a crime, you must be notified properly and regular mail doesn't qualify. Many years ago I was serving driver's license suspension/revoke notices as they had to be served personally by me or an officer in the field on a traffic stop. I think the law changed on that and they started mailing them, but if a driver tells an officer they never received it, the officer has to "serve" the driver personally on the traffic stop for it to be valid.

Someone should check on the driver's license suspension/revoke notice law. I'm sure the lawyers in this matter have the best advice however.
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Old 03-15-2009, 12:18 AM
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It is certainly a realistic situation. My "intent to revoke" letter back in November came several days after everyone else's because OCSD had mailed it to my old address and it was forwarded, despite the fact that I had done a change of address months before. After that I contacted Melissa to get my address straightened out once and for all, but having not received a "revoke" letter as of today, there is a good chance they mailed it to the old address once again, and with the forwarding having expired, I will never receive it if that's the case.
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