Policy
208
Pomona Police Department
Pomona PD Policy Manual
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 1 License to Carry a Firearm
208.1 PURPOSE AND SCOPE
The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (Penal Code § 26150; Penal Code § 26155). This policy will 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.
208.1.1 APPLICATION OF POLICY
Nothing in this policy shall preclude the Chief or other head of a municipal police department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief or other head o a municipal police department to process all applications for licenses, renewals of licenses, or amendments to licenses for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 208.2 POLICY
The Pomona Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy.
208.3 QUALIFIED APPLICANTS
In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including:
(a) Be a resident of the City of Pomona (Penal Code § 26150; Penal Code § 26155). (b) Be at least 21 years of age (Penal Code § 29610).
(c) Be able to legally possess and register a firearm (Penal Code § 29610) (d) 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.
(e) Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted.
(f) Be of good moral character (Penal Code § 26150; Penal Code § 26155). (g) Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied.
(h) Provide proof of ownership or registration of any firearm to be licensed. (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190).
(j) Complete required training (Penal Code § 26165).
ATTACHMENT NO. 5
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 2 208.4 APPLICATION PROCESS
The application process for a license to carry a concealed firearm must be completed by all applicants. Applicants will advance through the process until the license is either issued or denied.
Application
(a) Any individual applying for a license to carry a firearm shall first fully complete a California Department of Justice (DOJ) application to be signed under penalty of perjury. The application will be submitted and signed, under penalty of perjury, during the background interview. Any applicant who knowingly provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180).
Background Interview
(a) The applicant will schedule an appointment with the CCW Unit to submit the completed application and conduct a background interview.
1. If an incomplete application is received, the Chief or authorized designee may do any of the following:
(a) Require the applicant to complete the package before any further processing.
(b) Advance the incomplete package for conditional processing pending completion of all mandatory conditions.
(c) 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.).
Psychological Examination:
(a) The Chief or authorized designee may require the applicant be referred to an authorized licensed psychologist used by the department for psychological testing.
The cost of such psychological testing 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)).
Training
(a) The applicant shall complete a course of training approved by the department, which complies with Penal Code § 26165
(b) The applicant shallsuccessfully complete a department 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
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 3 (c) The applicant's firearm(s) is/are subject to inspection by the Chief or designated department member. The Chief 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).
Fingerprinting and DOJ Background Check:
(a) The applicant shall be required to submit to fingerprinting and a complete criminal background check. Photographs are taken on site for department use. Any person determined to fall within a prohibited class described in Penal Code § 29800, et seq., or Penal Code § 29900 or Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 will not be issued a license to carry a concealed firearm.
A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm (Penal Code § 26195).
(b) Applicants may use any Live Scan fingerprinting service authorized by the DOJ to complete the fingerprinting process. Applicants are encouraged to use the Pomona Police Department Live Scan services to expedite the process and reduce additional costs. Independent Live Scan operators may charge additional fees not covered in the CCW billing/fees.
1. A current list of Live Scan locations is available on the DOJ website at www.ag.ca.gov/fingerprints/publications/contact.php.
Application Fees
(a) The applicant will be required to pay all application fees associated with the CCW licensing process. Application fees include a City processing fee and a DOJ application processing fee.
1. Applicants will pay the DOJ application processing fee when they are fingerprinted.
(a) Fees will be paid directly to the Live Scan fingerprinting service provider. (b) If the Pomona Police Department Live Scan service is used, applicants shall pay cash or submit a check made payable to the Pomona Police Department for the required DOJ application processing costs.
2. Payment of the City's fee will be required upon issuance of a license.
3. The City's fee does not include any additional fees required for training or psychological testing.
4. All fees paid are non-refundable
208.4.1 APPROVAL OR DENIAL NOTIFICATION
Once the Chief 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 firearm will either be approved or denied.
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 4 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 Chief 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 Chief as set forth hereinThis
208.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM 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 but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of time in the applicant's principal place of employment or business within the City of Pomona (Penal Code § 26150). (b) Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220).
(c) The licensee shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d) The applicant licensee shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 208.6 CONDITIONS FOR MAINTAINING CONCEALED FIREARM LICENSE In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply:
(a) The license will not be valid outside the State of California, unless recognized by another state.
(b) The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry the firearm.
1. All such restrictions or conditions shall be indicated on any license issued (Penal Code § 26200).
2. The licensee will be required to sign a Terms of License Agreement. Any violation of the agreement may result in the immediate revocation of the license. (c) The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions, and other pertinent information clearly visible.
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 5
1. Each license shall be numbered and clearly identify the licensee.
2. All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer.
(d) The license will be valid for a period not to exceed two years from the date of issuance except as provided otherwise herein (Penal Code § 26220).
1. A license issued to a state or federal magistrate, commissioner, or judge will be valid for a period not to exceed three years.
2. A license issued under Penal Code § 26170 to any peace officer as defined in Penal Code § 830.6 or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5, will 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 or custodial officer.
3. If the licensee's place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210). (e) The licensee shall notify this department in writing within 10 days of any change of place of residency
(f)
(g)
(h)
The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 208.6.1 LICENSE RESTRICTIONS
(a) The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid.
(b) While carrying a concealed firearm, licensees are prohibited from:
1. Consuming any alcoholic beverage.
2. Unjustifiably displaying a firearm.
3. Being under the influence of any medication or drug, whether prescribed or not.
4. Interfering with any law enforcement officer's duties.
5. Refusing to display his/her license or firearm for inspection upon demand of any peace officer.
6. Interfering with any law enforcement officer's duties. (c) The Chief of Police or authorized designee reserves the right to inspect any license or licensed firearm at any time.
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 6 (d) The alteration of any previously approved firearm including, but not limited to, adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation.
208.6.2 AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity in order to; (a) Add or delete authority to carry a particular pistol, revolver, or other firearm capable of being concealed upon the person.
(b) Authorize the licensee to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Change any restrictions or conditions previously placed on the license,. including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(d) Change the address or other personal information of the (Penal Code §§ 26210, 26215)
In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.
208.6.3 REVOCATION OF LICENSES
Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons:
(a) The licensee has violated any of the restrictions or conditions placed upon the license. (b) The licensee has violated any of the restrictions or conditions placed upon the license. (c) The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103, or any state or federal law.
(d) The licensee engages in any conduct which involves a lack of good moral character for the original issuance of the license.
The issuance of a license by the Chief of Police 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 Chief of Police as set forth herein.
If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (Penal Code §§ 26225 and 26225).
208.6.4 LICENSE RENEWAL
180 days prior to the expiration of any valid license to carry a firearm, the licensee renewal by:
(a) Verifying all information submitted in the original application under penalty of perjury.
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 7 (b) Completing a department-approved training course pursuant to Penal Code § 26165. (c) Paying a non-refundable renewal application fee.
The applicant's firearm(s) is/are subject to inspection at the discretion of the Chief or designated department member. The Chief 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 Chief of Police or the authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will 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 (Penal Code § 26205). 208.7 DEPARTMENT REPORTING AND RECORDS
Pursuant to Penal Code § 26225, the Chief shall maintain a record of the following and immediately provide copies of each to the California DOJ:
(a) The denial of a license.
(b) The denial of an amendment to a license.
(c) The issuance of a license.
(d) The amendment of a license.
(e) The revocation of a license.
The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 208.8 CONFIDENTIAL RECORDS
The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner or judge that are set forth in applications for licenses to carry firearms shall not be considered public record (Government Code § 6254(u)(2)).
Any information in an application for a license to carry a firearm that indicates 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 § 6254(u)(1)). 208.9 MINIMUM STANDARDS
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 Pomona Police Department.The learning objectives for the Concealed Weapons Training course shall be a minimum of eight (8) hours but 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.
Pomona Police Department
Pomona PD Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/10/05, All Rights Reserved.
Published with permission by Pomona Police Department ***DRAFT*** License to Carry a Firearm - 8 The training shall include instruction on firearm safety, firearm handling, shooting technique, and the laws regarding the permissible use of a firearm. The course shall also include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry.
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 citizens of the City of Pomona are provided with high quality firearms training.
Students will be required to:
(a) Understand and demonstrate adequate knowledge of handgun safety and handling (to include cleaning, disassembly and assembly) and handgun storage. (b) Understand and demonstrate adequate knowledge of techniques and equipment used to safely carry weapons, retain control of weapons and avoid unwarranted detection of weapons.
(c) Understand and demonstrate adequate knowledge of California Penal Code sections relating to firearms and sections dealing with the permissible use of a firearm. (d) Understand and demonstrate adequate knowledge of locations where firearm possession is prohibited (i.e., air travel).
(e) Understand and demonstrate adequate knowledge of civil and penal liability laws regarding firearms for the State of California.
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 Training Course of Fire.
The course of fire utilized by the Pomona Police Department requires:
A passing score of 70% on a live fire course using the same weapon(s) that will be listed on the license. The live fire course will be, at minimum, 72 total rounds fired at NRA Standard B-27 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. 208.10 APPROVED TRAINING PROVIDER LIST.
Approved training providers are subject to review by the Pomona Police Department at any time.
The Department may require approved training providers to submit additional 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 will be removed from the approved list. Training providers removed from the approved list who would like to be reconsidered for approval, will need to resubmit all instructor certifications and course material for review and consideration by the CCW Unit.