Police Department Policy

218_-_License_to_Carry_a_Firearm

Mountain View PD

Policy Text
Policy 218Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2023/11/20, All Rights Reserved. Published with permission by Mountain View Police DepartmentLicense to Carry a Firearm - 1License to Carry a Firearm 218.1 PURPOSE AND SCOPE The Police Chief 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. 218.1.1 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 of any municipal police department to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 218.2 POLICY The Mountain View Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy. 218.3 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 Mountain View (Penal Code § 26150; Penal Code § 26155). (b)Be at least 21 years of age (Penal Code § 29610). (c)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. (d)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. (e)Be of good moral character (Penal Code § 26150; Penal Code § 26155). An applicant who lacks the ability to exercise sound judgment in the use of a firearm in a manner consistent with the law, lacks good moral character. For purposes of this policy, the following factors may indicate a lack of good moral character needed to qualify for a license to carry a firearm. 1.In the last five years, active restraining orders, protective orders, or other court orders issued pursuant to the following statutory provisions: Welfare and Institutions Code § 213.5, 304, 362.4, 726.5, or 15657.03; Code of Civil Procedure § 527.6, 527.8, or 527.85, or Penal Code §§ 136.2 and 18100, Mountain View Police Department Mountain View PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2023/11/20, All Rights Reserved. Published with permission by Mountain View Police DepartmentLicense to Carry a Firearm - 2 Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Penal Code § 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code, 2.In the last ten (10) years, a conviction for an offense listed in Penal Code § 422.6, 422.7, 422.75, or 29805; 3.In the last five (5) years, a final denial of the applicant's petition to have a firearm returned pursuant to Welfare and Institutions Code § 8102 or Penal Code §§ 18410 and 18420. 4.In the last five (5) years, any final court determination finding that the applicant presents a danger to themselves or others in connection with a firearm or other deadly weapon. 5.Any unlawful or reckless use, display, or brandishing of a firearm; 6.Outward indications or history of psychological problems that might render the applicant unfit to carry a firearm, as indicated by an authorized psychologist in Phase Two of this application process; 7.In the last ten (10) years, a criminal charge for any offense listed in Penal Code § 290, 667.5, 1192.7, 1192.8, or 29805 dismissed pursuant to a plea or dismissed with a waiver pursuant to (1979) 25 Cal.3d 754; 8.In the last five (5) years, being committed to or incarcerated in county jail or state prison for, or on probation, parole, post-release community supervision, or mandatory supervision as a result of, a conviction of an offense, an element of which involves controlled substances, as described in Health and Safety Code §§ 11053 to 11058, inclusive, or alcohol; 9.Current abuse of controlled substances, as described in Health and Safety Code §§ 11053 to 11058, inclusive, or alcohol, which may be evidenced by incidents of controlled substance or alcohol use occurring with a frequency, severity, and/ or recency that suggests that the applicant lacks the ability to exercise sound judgment at all times when carrying a firearm; 10.In the last ten (10) years, experience of loss or theft of multiple firearms due to the applicant's lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm; or 11.Failure to report a loss of a firearm as required by Penal Code § 25250 or any other state, federal, or local law requiring the reporting of the loss of a firearm. 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