Police Department Policy

doc_458919

Santa Ana PD

Policy Text
Policy 207Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2026/01/05, All Rights Reserved. Published with permission by Santa Ana Police DepartmentLicense to Carry a Firearm - 1License to Carry a Firearm 207.1 PURPOSE AND SCOPE The purpose of this policy is to provide a written process for the application, issuance, denial, appeal, and revocation of a license to carry a firearm (Penal Code § 26150; Penal Code § 26155). 207.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police agency 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 agency to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 207.2 APPLICATION PROCESS The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied. 207.3 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 and these applicants should be referred to the Sheriff's Office (Penal Code § 26150). 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 working hours in the applicant's principal place of employment or business within the City of Santa Ana (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 applicant 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)Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 207.4 WRITTEN NOTICE FOR DENIAL OF LICENSE The Chief of Police or the authorized designee shall give written notice to the applicant for a new license that the license is approved or denied within 120 days of the initial application or within 30 Santa Ana Police Department Santa Ana PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2026/01/05, All Rights Reserved. Published with permission by Santa Ana Police DepartmentLicense to Carry a Firearm - 2days after receipt of the applicant's criminal background check from the California DOJ, whichever is later (Penal Code § 26205). Written notice to an applicant for a renewal license that is approved or denied shall be given within 120 days of receiving the completed application (Penal Code § 26205). Additionally, regardless of the type of license, if the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 207.4.1 ADDITIONAL REQUIREMENTS If an application for a new license, renewal of a license, or revocation is denied based on a determination that the person is a disqualified person as provided by Penal Code § 26202, the Chief of Police or the authorized designee shall provide the person with the notice of determination as provided by Penal Code § 26202(d), Penal Code § 26205, or Penal Code § 26195(b)(3). The notice shall state the reason why the determination was made and inform the applicant that they may request a hearing from a court. The Department shall also provide the most recent California DOJ hearing request form to the applicant (Penal Code § 26206). If an application for a new license, renewal of a license, or revocation is denied for any other reason as described in Penal Code § 26206(i), the Chief of Police or the authorized designee shall provide the person with the notice required under Penal Code § 26205 or Penal Code § 26195(b) (3), as applicable, and inform the applicant they may apply to the county Superior Court for a writ of mandate pursuant to Code of Civil Procedure § 1085 (Penal Code § 26206). 207.4.2 ADDITIONAL REPORTING REQUIREMENTS The Department shall submit the required prescribed information in Penal Code § 26202(f) to the National Instant Criminal Background Check System Index within 5 days upon determination that an applicant is a disqualified person due to being an unlawful user of, or addicted to, any controlled substance (Penal Code § 26202(f)). 207.5 POLICY AVAILABILITY This policy shall be made accessible to the public as provided by Penal Code § 26160.

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